Health Care Complaints Commission v Pilkington [2020] NSWCATOD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Pilkington [2020] NSWCATOD 21 Hearing dates: 21 February 2020 Date of orders: 16 March 2020 Decision date: 16 March 2020 Jurisdiction: Occupational Division Before: J Millbank, Senior Member D Young, Senior Member C Calokerinos, Senior Member A Johnston, General Member Decision: (1) The registration of the practitioner as a physiotherapist is cancelled pursuant to s149C(1)(b), (c) and (d); (2) Pursuant to s 149C(7) of the National Law the practitioner may not apply to the Tribunal for a review of these orders for a period of 7 years from the date of these orders; (3) Pursuant to s 149C(5) the practitioner is prohibited from providing health services as defined in s 4(a),(e), (f)-(h), (j1), (k) of the Health Care Complaints Act 1993 (NSW), whether provided as public, private or volunteer services, unless and until the Tribunal reviews order 1, above; (4) The respondent is to pay the applicant's costs of these proceedings as agreed or as assessed under the Legal Profession Uniform Law Act 2014 (NSW); (5) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibition of disclosure or publication of the names of Patient A and Persons A and B listed in the schedule to the complaint. Catchwords: TRADES AND PROFESSIONS – Physiotherapy – criminal conviction – possession of child abuse material – filming of multiple patients in states of undress without their knowledge or consent – filming of non-patients without knowledge or consent – sexual misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) 2009 Health Care Complaints Act 1993 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Goyer (No 2) [2019] NSWCATOD 195 HCCC v Roopra (No 2) [2013] NSWDT 3 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: Physiotherapy Board of Australia, Code of Conduct for Registered Health Practitioners; Ron Paterson, Independent Review of the Use of Chaperones to Protect Patients in Australia (2017); James Reason, 'Human Error: Models and Management' (2000) 320 (7237) BMJ 768; Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Nicholas Geoffrey Pilkington (Respondent) Representation: Counsel: L Barnes (Applicant)