Health Care Complaints Commission v Goyer (No 2) [2019] NSWCATOD 195

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Goyer (No 2) [2019] NSWCATOD 195 Hearing dates: 10 December 2019 and submissions on 13 December and 18 December 2019 Date of orders: 24 December 2019 Decision date: 24 December 2019 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr M Cox, Senior Member Assoc Professor I Rewell, Senior Member M Kelly, General Member Decision: (1) The registration of Dr Thomas Goyer (the practitioner) on the register maintained by the Australian Health Practitioner Regulation Agency is cancelled. (2) The Registrar is requested to advise the Medical Council of NSW of order 1 of these orders as soon as practicable. (3) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law the practitioner is prohibited from making an application for review under s 163A of the Health Practitioner Regulation National Law for twelve months from the date of these orders. (4) The practitioner shall pay 80 per cent of the Health Care Complaints Commission's costs of and incidental to the proceedings as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONS AND TRADES – health care professionals – medical practitioner – where professional misconduct established – appropriate protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Judiciary Act 1903 (Cth) Legal Profession Uniform Law Application Act 2014 (NSW) Medical Practice Act 1992 (NSW) (repealed) Cases Cited: Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 368 Australian Postal Corporation v Bessey [2001] FCA 266 Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Taylor [2010] NSWMT 10 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dowla (No 2) [2019] NSWCATOD 156 Health Care Complaints Commission v Goyer [2019] NSWCATOD 121 Health Care Complaints Commission v Ng [2015] NSWCATOD 139 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Hughes Aircraft Systems International v Airservices Australia (1997) 76 FCR 151 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Melbourne Steamship Co Limited v Moorehead (1912) 15 CLR 333 Oshlack v Richmond River Council [1998] HCA 11 Re Australian Postal Commission v Dr Robert A Hayes, Senior Member, Administrative Appeals Tribunal and Ursua Barnbrooke [1989] FCA 176 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Thomas Goyer (Respondent) Representation: Counsel: P Lowson (Applicant) R Mathur (Respondent)