Health Care Complaints Commission v Young [2019] NSWCATOD 191

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Young [2019] NSWCATOD 191 Hearing dates: 3 December 2019 Date of orders: 20 December 2019 Decision date: 20 December 2019 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member Dr C Newberry, Senior Member Dr G Yeo, Senior Member R Kusuma, General Member Decision: (1) Pursuant to section 149C(4)(a) if the Practitioner were still registered, the Tribunal would have suspended or cancelled the Practitioner's registration. (2) Pursuant to section 149C(4)(b) the Practitioner is disqualified from being registered as a medical practitioner for a period of six years. (3) Pursuant to section 149C(4)(c) the National Board is to record the fact that the Tribunal would have suspended or cancelled the Practitioner's registration in the National Register kept by the Board. (4) Pursuant to section 149C(7) the practitioner is prevented from seeking a review of the disqualification order for a period of six years from the date hereof unless he can satisfy the Tribunal that this order would not have been made had the practitioner presented evidence which is available to him at the time of seeking any such review. (5) Pursuant to section 149C(5A) the practitioner is prohibited from providing a "health service" as defined in section 4 of the Health Care Complaints Act 1993 unless and until he is registered as a health practitioner. health service includes the following services, whether provided as public or private services: (a) medical, hospital, nursing and midwifery services, (b) dental services, (c) mental health services, (d) pharmaceutical services, (e) ambulance services, (f) community health services, (g) health education services, (h) welfare services necessary to implement any services referred to in paragraphs (a)–(g), (i) services provided in connection with Aboriginal and Torres Strait Islander health practices and medical radiation practices, (j) Chinese medicine, chiropractic, occupational therapy, optometry, osteopathy, physiotherapy, podiatry and psychology services, (j1) optical dispensing, dietitian, massage therapy, naturopathy, acupuncture, speech therapy, audiology and audiometry services, (k) services provided in other alternative health care fields, (k1) forensic pathology services, (l) a service prescribed by the regulations as a health service for the purposes of this Act. (6) The practitioner shall pay the costs of the Health Care Complaints Commission of and incidental to these proceedings as agreed, and failing agreement, as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). (7) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made restricting the publication of the names of the patients set out in the schedule to the complaint filed on 9 August 2019 or any evidence provided to the Tribunal in this case. Catchwords: PROFESSIONS AND TRADES – health and professionals – medical practitioners – disciplinary proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) No 86a ("the National Law") Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Health Care Complaints Commission v Dowla (No 2) [2019] NSWCATOD 156 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Hon Young (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) No Appearance (Respondent) File Number(s): 2019/00247739 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made restricting the publication of the names of the patients set out in the schedule to the complaint filed on 9 August 2019 or any evidence provided to the Tribunal in this case.