Health Care Complaints Commission v He [2020] NSWCATOD 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v He [2020] NSWCATOD 50 Hearing dates: 24, 25 and 26 February 2020 Date of orders: 07 May 2020 Decision date: 07 May 2020 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr H Haikal-Mukhtar, Senior Member Dr G Yeo, Senior Member J Houen, General Member Decision: (1) Dr He is reprimanded. (2) The following conditions are imposed on Dr He's registration: (a) not to consult, examine, treat or perform any procedures on any female patient over the age of 12 years except to render urgent attention as defined in 139C(c) of the Health Practitioner Regulation National Law (NSW); (b) to obtain approval from the Medical Council of NSW before changing the nature or place of his practice; (c) to practise only in a group practice approved by the Medical Council of NSW where there are at least two other medical practitioners and where there is always one other registered medical practitioner onsite when Dr He is working; (d) to authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia for the purpose of monitoring compliance with these conditions. (3) Pursuant to section 163 of the National Law, the Medical Council of NSW is the appropriate review body for any review of these orders. (4) Dr He is to pay Health Care Complaints Commission's costs as agreed or assessed. Catchwords: PROFESSIONS AND TRADES – medical practitioner – where medical practitioner engaged in unsatisfactory professional conduct – whether conduct amounts to professional misconduct – appropriate protective orders Legislation Cited: Evidence Act 1995 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Attia v Health Care Complaints Commission [2017] NSWSC 1066 Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Health Care Complaints Commission v Dr Denise Perroux [2011] NSWDC 99 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Dr Maendel [2013] NSWMT 3 Health Care Complaints Commission v Fraser [2014] NSWCATOD 29 Health Care Complaints Commission v King [2012] NSWMT 9 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Kalil v Bray [1977] 1 NSWLR 356 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Qidwai v Brown (1984) 1 NSWLR 100 Texts Cited: Medical Board of Australia, Good Medical Practice: A code of conduct for Doctors in Australia (March 2014) Medical Board of Australia, Sexual Boundaries: Guidelines for doctors (28 October 2011) Royal Australian College of General Practitioners (RACGP), Standards for general practices (4th ed, 2010) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Wenxong He (Respondent) Representation: Counsel: A Britt (Applicant) J Downing (Respondent)