HEALTH PRACTITONER — practitioner admits to unsatisfactory professional conduct under ss 139(1)(l), 109(1)(c) and 130 of the Health Practitioner Regulation National Law (NSW) and professional misconduct under s 139E of the Health Practitioner Regulation National Law (NSW) HEALTH PRACTITONER — appropriate form of disciplinary orders under Subdiv 6, Div 3 of Pt 8 of the National Law (NSW)
Judgment of
A Britton, Deputy President
M Smith, Senior Member
I Mosher, Senior Member
B Seth, General Member
OCCUPATIONS — Misconduct and discipline — Nursing — where service has not been effected on the respondent — where order for substituted service sought under the rules — where residential address unknown
OCCUPATIONS — solicitor misconduct — professional misconduct and/or unsatisfactory professional conduct — consideration of ss 10, 334, 335 and0 371 of the Legal Profession Uniform Law — failure to cooperate and thereby obstruct a manager of a law practice — participating in the affairs of a law practice — practising without a current practising certificate or professional indemnity insurance — noncompliance with obligations concerning the stamping of a transfer of real property — failure to comply with a notice issued under s 371 of the Uniform Law — appropriate protective orders — costs.
Judgment of
S Westgarth, Deputy President
M Sindler, Senior Member
L Porter, General Member
OCCUPATIONS — Nurses — Misconduct and discipline — where application for disciplinary findings and orders cannot be personally served on practitioner in disciplinary proceedings — where order for substituted service sought — whether personal service required — where applicant seeks an order that the application be taken to have been served
HEALTH — Professional registration and discipline — professional misconduct — unsatisfactory professional conduct — failure to maintain professional boundaries with patient — providing false and misleading information — record keeping failure
Judgment of
Seiden SC DCJ, Deputy President
Dr R Boland, Senior Member
Dr D Shirley, Senior Member
R Wellington, General Member
OCCUPATIONS – pharmacists – misconduct and discipline – unsatisfactory professional conduct and professional misconduct – reprimand – conditions on registration
Judgment of
H J Dixon SC, Senior Member
H Dowling, Senior Member
J Ludington, Senior Member
B Seth, General Member
ADMINISTRATIVE LAW — home building — application for individual contractor licence — general building work — application of instrument — experience requirements — “wide range of building construction work”
ADMINISTRATIVE REVIEW – drivers’ authority – bus driver - good repute – fit and proper person – s 11 Passenger Transport Act 1990 (NSW) – s 12 Passenger Transport Act 1990 (NSW)
OCCUPATIONS — registration of medical practitioners — appeal by suspended general medical practitioner pursuant to s 159 of the National Law — appellant’s late application to withdraw and dismiss his appeal — appellant conceded cognitive impairment — grant of leave to withdraw appeal — order that appeal be dismissed COSTS — consideration of appropriate order for costs on withdrawal and dismissal of appeal — no order as to costs
OCCUPATIONS — nursing — misconduct and discipline — improper and unethical conduct towards younger female colleagues in the workplace — criminal conviction for online chatting — unsatisfactory professional conduct — professional misconduct — prohibition order — apportionment of costs ordered
Judgment of
H J Dixon SC, Senior Member
A Adams, Senior Member
M Hagarty, Senior Member
M Ficarra, General Member
ADMINISTRATIVE LAW – motor dealers licence – motor dealers certificate - administrative review of decision to cancel licence - disqualification from holding a licence – death of employee – fit and proper person – carrying on business - moral integrity and rectitude of character - seriousness or otherwise of particular conduct – imposition of condition
ADMINISTRATIVE REVIEW – interim prohibition order – whether order validly made – whether applicant provides a health service – whether administration of Ayahuasca a health service ADMINISTRATIVE REVIEW – application for stay – stay refused.
ADMINISTRATIVE LAW – administrative review - Home Building – application for licence – plumbing, gasfitting and related work - experience requirements - requirements of applicable Instrument – requirements of form – fit and proper person
ADMINISTRATIVE REVIEW – drivers’ authority – bus driver - good repute – fit and proper person – s 11 Passenger Transport Act 1990 (NSW) – s 12 Passenger Transport Act 1990 (NSW)
HEALTH — professional registration and discipline psychologist - sexual relationship with client – other failures to adhere to appropriate professional boundaries - failure to maintain adequate clinical records – misleading the Psychology Council of New South Wales and the Health Care Complaints Commission - whether constitutes unsatisfactory professional conduct and professional misconduct - what protective orders should be made
Judgment of
G Blake AM SC, Senior Member
F Denton, Senior Member
R Lander, Senior Member
R Kusuma, General Member
ADMINISTRATIVE LAW — Tribunal's source of power to make non-suppression and non-disclosure orders in health disciplinary proceedings — Whether a non-disclosure and non-publication order should be made — Concurrent criminal proceedings HEALTH — General medical practitioner — Suspension of registration under s 150 of the National Law — Appeal under s 159B of the National Law HEALTH — Application for a stay of the suspension decision — Whether there is an arguable appeal — Appeals “with respect to a point of law” under s 159B of the National Law — Whether the Delegates applied the correct statutory test — Whether the suspension of registration by the Delegates was a discretionary task — Whether the Delegates took into account irrelevant considerations or failed to consider a mandatory consideration
HEALTH PRACTITIONERS - medical practitioners - whether imposition of conditions in lieu of cancellation or suspension of registration of medical practitioner sufficiently protects public health and safety - nature and extent of conditions necessary to protect public health and safety - whether reprimand adequately reflects seriousness of practitioner’s proven misconduct and upholds public confidence in medical profession and Tribunal’s disapproval of professional misconduct
Judgment of
Coleman SC ADCJ, Principal Member
Dr H Mukhtar, Senior Member
Dr D King, Senior Member
Mr R Wellington, General Member
OCCUPATIONS — Heath practitioners — Misconduct and discipline — Disciplinary proceedings – unsatisfactory professional conduct – professional misconduct – not a suitable person to be registered – financial dealings with patients – power imbalance -
Judgment of
ADCJ Hennessy, Deputy President
Dr L Cotterell, Senior Member
Dr J Livesey, Senior Member
D Telford, General Member
OCCUPATIONS — medical practitioners — misconduct and discipline — application for reinstatement of registration following cancellation — contravention of a critical compliance condition — cancellation
Judgment of
The Hon M Le Poer Trench ADCJ, Principal Member
Dr H Haikal-Mukhtar, Senior Member
Dr C Newberry, Senior Member
D Telford, General Member
TRADES AND PROFESSION –– dentist –– Health Practitioner Regulation National Law –– unsatisfactory professional conduct –– professional misconduct –– reprimand ordered –– conditions placed on registration
Judgment of
R C Titterton OAM, Senior Member
Dr G Labour, Senior Member
Dr N Xouris, Senior Member
D Telford, General Member
HEALTH – unsatisfactory professional conduct – professional boundaries – inadequate recordkeeping – stage 1 hearing – professional misconduct as a possible ground for deregistration – non-publication order
Judgment of
The Hon T Sheahan ADCJ, Principal Member
Dr K Smartt, Senior Member
Dr G Yeo, Senior Member
R Wellington, General Member
OCCUPATIONS — Heath practitioners — Health Practitioner Regulation National Law (NSW) – where presiding member completed a 5 year term of office and was not re-appointed – whether presiding member has vacated office before the Tribunal has completed an inquiry – whether proceedings are terminated – whether the Tribunal should be reconstituted
OCCUPATIONS — dentists — misconduct and discipline — disciplinary proceedings — “missing” clinical records — failure to make appropriate proximate entries in clinical record — failure to perform appropriate assessment prior to issuing prescription — prescribing falling outside the scope of dentistry — unsatisfactory professional conduct — whether professional misconduct
Judgment of
Coleman SC ADCJ, Principal Member
Dr K Campbell, Senior Member
Dr A Selby, Senior Member
S Lovrovich, General Member
ADMINISTRATIVE LAW – administrative review of decision to refuse an owner-builder permit for the construction of a dual occupancy – whether special circumstances exist – special circumstances found
TRADES AND PROFESSION –– Nursing –– Health Practitioner Regulation National Law –– unsatisfactory professional conduct –– underlying conduct admitted –– reprimand ordered
Judgment of
R C Titterton OAM, Senior Member
Prof E M Chiarella AM, Senior Member
D Armitage, Senior Member
Dr R Leontini, General Member
ADMINISTRATIVE LAW – administrative review - occupation - qualifications and registration - professional engineer and design practitioner registration – alternative registration pathway requirements – whether experience is at least or equivalent to prescribed requirements
HEALTH — professional registration and discipline — unregistered nurse — criminal finding for an offence —whether circumstances of the offence render the practitioner unfit in the public interest to practise — unsatisfactory professional conduct — failure to notify of charges and criminal finding —scope of disciplinary powers — costs
Judgment of
S McIllhatton, Senior Member
C Sippel, Senior Member
H Kirkwood, Senior Member
J Barker, General Member
PROFESSIONS AND TRADES – Refusal of qualified supervisor certificate – disconnection and reconnection of fixed electrical equipment – administrative review of decision – scope of work.
OCCUPATIONS — registration of medical practitioners — withdrawal of application for reinstatement order — no hearing on the merits COSTS — consideration of appropriate cost order following withdrawal of application — no order as to costs
Judgment of
Acting Judge Levy SC, Principal Member
Dr J Aitken, Senior Member
Dr S Patel, Senior Member
R Kusuma, General Member
OCCUPATIONS — pharmacists — misconduct and discipline — failure to exercise independent judgment in respect of dispensing of Scheduled drugs — unsatisfactory professional conduct — professional misconduct
Judgment of
H J Dixon SC, Senior Member
A Aylott, Senior Member
D North OAM, Senior Member
J Sillince, General Member
OCCUPATIONS – Nursing – Application for disciplinary findings and orders where practitioner convicted of forging prescriptions including prescriptions of a restricted substance and drugs of addiction – practitioner found to have failed to comply with a condition imposed on her registration and failed to comply with a critical impairment condition imposed on her registration – practitioner found to have engaged in unsatisfactory professional conduct and professional misconduct – practitioner found to have an impairment that detrimentally affects or is likely to detrimentally affect her capacity to practise the profession of nursing contrary to s 144(d) of the Health Practitioner Regulation National Law (NSW) – practitioner found to be not competent within the meaning of s 139(a) of the Health Practitioner Regulation National Law (NSW) as she lacks the mental capacity to practise as a nurse as a result of her impairment.
Judgment of
A Starke, Senior Member
A Cummins, Senior Member
M Keehan, Senior Member
M Christensen, General Member
HEALTH — registered health practitioner — whether conduct found to amount to unsatisfactory professional conduct — appropriate form of protective orders — condition on registration
Judgment of
C Mulvey, Senior Member
S Smiltnieks, Senior Member
E Nicholls, Senior Member
F Taylor, General Member
ADMINISTRATIVE LAW – review of disciplinary findings of Council of the Law Society of New South Wales – disciplinary decisions – duty to avoid conflict when acting for more than one party to a transaction – need for informed consent of the client
Judgment of
A Suthers, Principal Member
M Sindler, Senior Member
ADMINISTRATIVE LAW — Home building — application to vary licence — application of Instrument — experience requirements — ‘wide range of building construction work’ – ‘remuneration’ – ‘relevant application form’
OCCUPATIONS – legal practitioners – solicitors – disciplinary proceedings – whether solicitor assisting as son-in-law and not as a solicitor – whether solicitor acting under power of attorney and not as a solicitor – whether conduct occurred “in the course of legal practice” – whether conduct occurred in “representing a client” OCCUPATIONS – legal practitioners – solicitors –where solicitor repeatedly emails representatives of the client of another solicitor – where conduct is consistent and repeated breach of r 33.1 of Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW) – solicitor found guilty of professional misconduct OCCUPATIONS – legal practitioners – solicitors –where solicitor’s correspondence to another solicitor involves use of profanities, threats and unsubstantiated allegations – whether discourteous – where conduct is consistent and repeated breach of r 4.1.2 of Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW) – solicitor found guilty of professional misconduct WORDS AND PHRASES – “in the course of legal practice” and “representing a client” – rr 4.1.2 and 33.1 of Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW)
Judgment of
Armstrong J, President
A Suthers, Principal Member
B Thomson, General Member
PROFESSIONS AND TRADES — appeals from decision of Physiotherapy Council — whether circumstances are urgent — whether appellant poses an unacceptable risk to the health and safety of any person
Judgment of
Dr J Lucy, Senior Member
S Hong, Senior Member
Dr D Shirley, Senior Member
B Seth, General Member
HEALTH PRACTITONER — unsatisfactory professional conduct — s 139B(1)(a) of the Health Practitioner Regulation National Law (NSW) — evaluating whether conduct is “significantly below” the relevant standard HEALTH PRACTITONER — unsatisfactory professional conduct — whether s 139B(1)(b) of the Health Practitioner Regulation National Law (NSW) requires the practitioner to knowingly fail to comply with statutory notification obligations HEALTH PRACTITONER — professional misconduct — s 139E of the Health Practitioner Regulation National Law (NSW) — whether conduct found to be unsatisfactory professional conduct is of a “sufficiently serious nature” to justify an order for suspension or cancellation of practitioner’s registration EVIDENCE — assessment of competing evidence — assessment of reliability of evidence — demeanour evidence
Judgment of
A Britton, Deputy President
Dr A Ware, Senior Member
Dr R Engel, Senior Member
Dr R Leontini, General Member
CIVIL PROCEDURE – dismissal as lacking in substance – where appeal, even if successful, will have no practical effect COSTS – where proceedings under the Health Practitioner Regulation National Law (NSW) are dismissed as lacking in substance
ADMINISTRATIVE LAW — Home building — application for individual contractor licence — application of Instrument — experience requirements — ‘wide range of building construction work’
ADMINISTRATIVE REVIEW — Home Building — application for variation of contractor licence — qualification and experience requirements set out in instrument issued by the Respondent — whether the applicant meets the requirements of the Instrument
STATUTORY INTERPRETATION — where non-presiding Tribunal member vacates office — meaning of phrase “before an inquiry or appeal is completed or a decision is made in respect of an inquiry or appeal” in s 165C of the Health Practitioner Regulation National Law (NSW)
ADMINISTRATIVE LAW — review of decision — refused to be a qualified supervisor certificate under Home Building Act 1989 — whether correct and preferable decision — whether applicant took all reasonable steps to avoid liquidation or administration — whether fit and proper person
HEALTH — professional registration and discipline — registered nurse — impairment — breach of conditions of registration — whether unsatisfactory professional conduct — whether professional misconduct COSTS — principles applying to awarding costs under Health Practitioner Regulation National Law (NSW)
Judgment of
E Bishop SC, Senior Member
S Daly, Senior Member
H Kirkwood, Senior Member
J Barker, General Member
CIVIL PROCEDURE — suppression and non-publication orders — relationship between the power to make suppression and non-publication orders under the Health Practitioner Regulation National Law and the power to make those orders under the Civil and Administrative Tribunal Act 2013 (NSW); applicability of decision in Walton v Momot [1997] NSWCA 334
HEALTH — professional registration and discipline — practitioner — convictions for offences — failure to notify Australian Health Practitioner Regulation Agency of prescribed matters — failure to submit to random urine drug testings in accordance with conditions on registration — whether constitutes professional misconduct — what protective orders should be made — whether practitioner’s mental health state determinable — costs
Judgment of
The Hon G Watts ADCJ, Principal Member
Dr S McCarthy AO, Senior Member
Dr G Smith, Senior Member
D Telford, General Member
HEALTH — professional registration and discipline — paramedic — convictions for offences — failure to notify the Paramedicine Board of Australia of prescribed matters — whether constitutes unsatisfactory professional conduct — what protective orders should be made
Judgment of
G Blake AM SC, Senior Member
L McDermott, Senior Member
L Shabella, Senior Member
R Leontini, General Member
PROFESSIONS AND TRADES — health care professionals — nurses — where practitioner seeks termination of disciplinary proceedings — whether it is “not in the public interest” for the inquiry to continue
HEALTH — professional registration and discipline — enrolled nurse — practitioner pleaded guilty and convicted of criminal offences — whether circumstances of the offences render the practitioner unfit in the public interest to practise — appropriate protective orders
Judgment of
S Dunn, Senior Member
K Douglas, Senior Member
Dr S Schulz-Robinson, Senior Member
F Taylor, General Member
HEALTH — professional registration and discipline — chiropractor — where chiropractor is guilty of professional misconduct — what protective orders should be made
Judgment of
G Blake AM SC, Senior Member
Dr R Engel, Senior Member
Dr D Kostur, Senior Member
R Kusuma, General Member
OCCUPATIONS — legal practitioners — misconduct — breach of Code of Conduct — disciplinary proceedings — whether Tribunal has jurisdiction to determine Applicant’s application — whether the Applicant’s application should be dismissed under s 55 of the Civil & Administrative Tribunal Act 2013 (NSW)
HEALTH – professional registration and discipline –where Pharmacy Council suspended practitioner’s registration – application for stay of suspension pending hearing of an appeal under s 159B of the Health Practitioner Regulation National Law (NSW)
OCCUPATIONS – physiotherapist – misconduct and discipline – failure to provide prior explanation for treatment methods – physical examination of female pubic and pelvic anatomy – no informed consent – unsatisfactory professional conduct and professional misconduct
Judgment of
H J Dixon SC, Senior Member
J Sulentic, Senior Member
S Mackie, Senior Member
J Houen, General Member
PROFESSIONAL DISCIPLINE – Health Practitioner Regulation National Law – Medical Practitioner – Unsatisfactory Professional Conduct – Professional Misconduct – Appropriate protective orders
Judgment of
Craig QC ADCJ, Principal Member
Dr R Higgins, Senior Member
Dr S Lertsumitkul, Senior Member
J Houen, General Member
HEALTH — professional registration and discipline — where medical practitioner convicted of criminal offence — whether practitioner otherwise guilty of unsatisfactory professional conduct and/or professional misconduct — whether practitioner no longer registered should be disqualified from being registered — whether practitioner should be disqualified from providing health services during disqualification period — whether practitioner should pay Commission’s costs
Judgment of
Coleman SC ADCJ, Principal Member
Dr J Aitken, Senior Member
Dr C Newberry, Senior member
J Houen, General Member
HEALTH — chiropractor — failure to report charge — sexual abuse — driving under influence OCCUPATIONS — practitioner — misconduct and discipline — professional misconduct — criminal offence — admission of guilt — improper or unethical conduct relating to the practice or purported practice of the practitioner’s profession
Judgment of
O Shub, Senior Member
Dr H Jenkins, Senior Member
Dr A Downie, Senior Member
J Sillince, General Member
ADMINISTRATIVE LAW - qualified supervisor certificate in the category of disconnection and reconnection of fixed electrical equipment (appliances) licence - administrative review of decision to refuse licence - scope of work within the Instrument - qualification required
Medical Practitioner — psychiatrist — professional misconduct — sexual relationship with a patient — failure to maintain appropriate professional boundaries — practitioner no longer registered — if Practitioner were registered Tribunal would have cancelled her registration for 2 years — impairment
Judgment of
The Hon A Ainslie-Wallace ADCJ, Principal Member
Prof A Demirkol, Senior Member
Dr E O’Brien, Senior Member
S Lovrovich, General Member
TRADES AND PROFESSIONS – chiropractor - inappropriate sexual words and touching of patient - whether constitutes unsatisfactory professional conduct and professional misconduct
Judgment of
G Blake AM SC, Senior Member
Dr R Engel, Senior Member (Professional)
Dr D Kostur, Senior Member (Professional)
R Kusuma, General Member
HEALTH — professional registration and discipline — nurse — where practitioner engaged in unsatisfactory professional conduct and has an impairment — what protective action should be taken — conditions imposed on the respondent’s registration including critical compliance conditions
Judgment of
G Blake AM SC, Senior Member
M Cooke, Senior Member
E Gambrell-Ball, Senior Member
M Ficarra OAM, General Member
ADMINISTRATIVE LAW – Health Practitioner National Law 2014 (NSW). Where medical practitioner concedes her conduct in treatment of patients and failure to keep proper records constitutes unsatisfactory professional conduct and professional misconduct. Where practitioner disputes some particulars in the complaint. Whether or not practitioner’s registration should be cancelled or suspended and or conditions imposed on her registration.
Judgment of
Boland J ADCJ (Deputy President)
Dr M Higgins (Professional Member)
Dr M Jarrett (Professional Member)
Ms M Kelly (Lay Member)
HEALTH — professional registration and discipline — pharmacist — where pharmacist is guilty of unsatisfactory professional conduct — what protective action should be taken
Judgment of
G Blake AM SC, Senior Member
M Cross, Senior Member
H Dowling, Senior Member
B Seth, General Member
OCCUPATIONS — medical practitioners — misconduct and discipline — conduct of a sexual nature — unprofessional conduct — professional misconduct — non-publication order — costs
Judgment of
The Hon G Watts ADCJ, Principal Member
Dr G Yeo, Senior Member
Dr S Cowap, Senior Member
Ms D Telford, General Member
HEALTH — non-publication order — application for reinstatement of a general practitioner after deregistration for professional misconduct — refused — impairment — costs
Judgment of
The Hon T Sheahan ADCJ, Principal Member
Dr E Summers, Senior Member
Dr D King, Senior Member
R Wellington, General Member
HEALTH — professional registration and discipline — dental practitioner — possession of cocaine — use of cocaine — breach of conditions of registration — dilute drug urine samples — pattern of behaviour raises concern about compliance with drug testing policy — allegations of unsatisfactory professional conduct — allegations of professional misconduct
Judgment of
E Bishop SC, Senior Member
Dr J Ironside, Senior Member
Dr K Campbell, Senior Member
J Sillince, General Member
Administrative Law - Individual contractor licence – General building work - Whether evidence establishes two years relevant experience - Whether evidence establishes a wide range of building construction work experience - whether experience relevant industry experience
ADMINISTRATIVE LAW – Home Building Act - administrative review of decision to refuse application for owner builder permit – special circumstances - occupancy
OCCUPATIONS- pharmacists – misconduct and discipline – attempted importation of non-exempt therapeutic goods – dishonesty – unsatisfactory professional conduct and professional misconduct
Judgment of
H J Dixon SC, Senior Member
H Dowling, Senior Member
J Ludington, Senior Member
B Seth, General Member
ADMINISTRATIVE LAW – administrative review – licensing – variation of contractor licence- qualification requirements under s33F of the Home Building Act 1989
TRADES AND PROFESSIONS – health practitioner – physiotherapist – whether practitioner engaged in unsatisfactory professional conduct – whether practitioner engaged in professional misconduct – appropriate protective orders
Judgment of
Dr J Lucy, Senior Member
S Mackie, Senior Member
Dr A Gupta, Senior Member
Dr R Leontini, General Member
OCCUPATIONS – psychology practitioners – misconduct and discipline – Finding of unsatisfactory professional conduct and professional misconduct – appropriate protective orders – registration suspended – practice conditions imposed
Judgment of
The Hon Le Poer Trench ADCJ, Principal Member
B Sheridan, Senior Member
Dr A White, Senior Member
M Maher, General Member
REVIEW OF DECISION BY EXTERNAL DECISION-MAKER — decision to cancel registration as a certifiers pursuant to section 48 of the Building Professionals Certifiers Act 2018 (NSW) PRACTICE AND PROCEDURE — INTERLOCUTORY ORDER – application for stay— factors relevant to exercise of the power to stay decision under section 60 of the Administrative Decisions Review Act 1997 (NSW)
ADMINISTRATIVE LAW – application of lay associate for approval under s 121 of the Legal Profession Uniform Law – relevant considerations where applicant pleaded guilty to serious offences – confidentiality application
Judgment of
S Westgarth, Deputy President
A Suthers, Principal Member
ADMINISTRATIVE REVIEW – Registration under the Design and Building Practitioners Act 2020 (NSW) – Cancellation of deemed registration – whether the Applicant is a suitable person
ADMINISTRATIVE REVIEW – Registered certifier – Whether disciplinary grounds established – Whether decisions to cancel applicant’s registration and disqualify him from registration for 10 years are the correct and preferable decisions
Health – Nursing – Unsatisfactory Professional Conduct – Professional Misconduct – where practitioner engaged in a sexual act with a patient under his care under a hospital high dependency unit – findings at Stage 1 to proceed to Stage 2 consideration
Judgment of
R Lethbridge SC, Senior Member
C Sippel, Senior Member
S Smiltnieks, Senior Member
J Barker, General Member
PROFESSIONS AND TRADES – dentistry – where complaints of unsatisfactory professional conduct and professional misconduct admitted – appropriate protective order
Judgment of
R C Titterton OAM, Senior Member
Dr M Stimpson, Senior Member
Dr G Traynor, Senior Member
J Sillince, General Member
PROFESSIONS AND TRADES- HEALTH PRACTITIONERS- where practitioner appealed against Medical Board’s refusal of application for specialist registration- whether practitioner suitable person to be registered as specialist anaesthetist- whether practitioner fit and proper person to be registered as specialist anaesthetist- whether practitioner unable to practise as specialist anaesthetist competently and safely
Judgment of
Coleman SC ADCJ, Principal Member
Dr M Chu, Senior Member
Dr J Saunders, Senior Member
Mr M Christensen, General Member
OCCUPATIONS – Chinese Medicine practitioner – misconduct and discipline – criminal findings – failure by the practitioner to notify the National Board – professional misconduct
Judgment of
H J Dixon SC, Senior Member
E Pun, Senior Member
J Lee, Senior Member
R Kusuma, General Member
STAY – administrative review – pending criminal proceeding - just and convenient that ordinary rights of administrative review should not be interfered with – public interest – secrecy provisions – s58 Administrative Decisions Review Act 1997
OCCUPATIONS – Medical Practitioners – Misconduct and discipline – Unsatisfactory Professional Conduct – Professional misconduct - improper and unethical conduct – impairment – Not competent
Judgment of
The Hon Ainslie-Wallace ADCJ, Principal Member
Dr S Patel, Senior Member
Dr P Young, Senior Member
J Barker, General Member
HOME BUILDING ACT – Whether evidence establishes two years relevant experience the majority of which is in the last 10 years- Whether evidence establishes a wide range of building construction work experience – whether experience relevant industry experience – Individual contractor licence – General building work – whether evidence that work performed can be verified by witnesses who are not supervisors – Supervision level of experience required for licence – Comfortable satisfaction that licence holder can perform the work
HEALTH – professional registration and discipline – where appeal against Medical Board imposed condition “not to practise” on registration – where the respondent is no longer a registered health practitioner – where appeal lacks substance and is futile – application to dismiss appeal.
COSTS – where Health Care Complaints Commission failed to prove majority of allegations of unsatisfactory professional conduct – where Health Care Complaints Commission failed to prove professional misconduct – what is “the event” and who is the successful party – whether Tribunal should depart from the general rule that costs follow “the event”
Judgment of
Hennessy ADCJ, Deputy President
Dr J Fogarty, Senior Member
Dr S Cowap, Senior Member
D Telford, General Member
COSTS — party/party — application for review of decision to cancel registration of dental practitioner — application dismissed and costs reserved — held respondent entitled to costs order
TRADES AND PROFESSIONS – application for review of decision to cancel registration of dental practitioner-principles on review-held applicant continues to suffer from an impairment-application dismissed-costs reserved
Judgment of
The Hon F Marks, Principal Member
Dr G Labour, Senior Member
Dr K Campbell, Senior Member
M Maher, General Member
PROFESSIONS AND TRADES — health practitioner — whether contravention of a condition of a health practitioner’s registration amounts to professional misconduct PROFESSIONS AND TRADES — health practitioner — whether practitioner has an impairment — whether practitioner is not competent to practise
Judgment of
A Britton, Principal Member
Dr T Boland, Senior Member
Dr J Ironside, Senior Member
Dr C Berglund, General Member
HEALTH – professional registration and discipline – pharmacist – supply of drugs to unknown persons without a prescription outside of pharmacy setting under threats of violence – unsatisfactory professional conduct – professional misconduct – appropriate protective orders.
Judgment of
S Dunn, Senior Member
M Cross, Senior Member
T Melocco, Senior Member
J Sillince, General Member
COSTS — justifiable reasons for departing from the general rule that costs follow the event — whether the Commission engaged in “disentitling conduct” — COSTS — apportionment of costs — whether failure to establish discrete parts of complaint militates against the Commission recovering all of its costs.
ADMINISTRATIVE REVIEW – Property and Stock Agents Act 2002 – Application for restoration of real estate agent licence – extension of time for making application – whether just and equitable to restore the licence
ADMINISTRATIVE LAW – Fit and Proper person – good repute – seriousness of offending – fitness – honesty – integrity – still serving terms of sentence – insufficient time since offending
EXTENSION OF TIME - application to extend time to lodge application for administrative review - unrepresented litigant - extension opposed by Respondent.
HEALTH — professional registration and discipline — massage therapist — complaints — interim prohibition order — whether breached code of conduct — whether serious risk to the health or safety of members of the public — whether necessary to protect the health or safety of the public
ADMINISTRATIVE REVIEW - Home Building Act 1989 - Disciplinary proceedings – statutory warranties – improper conduct – evidence relied upon to establish defects by building inspector – defences – actual knowledge – influence
HEALTH – professional registration and discipline – nurse – accessing health records - practitioner convicted of criminal offences – whether circumstances of the offences render the practitioner unfit in the public interest to practise - unsatisfactory professional conduct – improper or unethical conduct – professional misconduct – was the conduct of a sufficiently serious nature to justify suspension or cancellation of the Respondent’s registration – whether the Tribunal has power to reprimand where the practitioner is no longer registered - appropriate protective orders
Judgment of
S Dunn, Senior Member
L Hunt, Senior Member (Professional)
J Haines, Senior Member (Professional)
M Ficarra, General Member
ADMINISTRATIVE LAW – stock & station agent's licence - dishonesty offence - disqualified person - time since offence committed - whether trivial - fit and proper person to hold a licence
OCCUPATIONS – nurses – misconduct and discipline – criminal conviction – failure by the practitioner to notify the National Health Practitioner Board of conviction – unsatisfactory professional conduct and professional misconduct
Judgment of
H J Dixon SC, Senior Member
E Moore, Senior Member
D Gorman, Senior Member
A Gray, General Member
OCCUPATIONS – nurses – misconduct and discipline – criminal conviction – improper and unethical conduct – unsatisfactory professional conduct and professional misconduct - impairment
Judgment of
H J Dixon SC, Senior Member
S Daly, Senior Member
T Azzopardi, Senior Member
M Maher, General Member
ADMINISTRATIVE LAW – motor dealers licence -administrative review of decision to cancel licence - disqualification from holding a licence - criminal charges against director – fit and proper person – business carried out in a dishonest or unfair manner
OCCUPATIONS – medical practitioners – where medical practitioner has been found to have inappropriately prescribed drugs of addiction – whether such conduct amounts to “professional misconduct” – appropriate orders when medical practitioner no longer registered
Judgment of
Hennessy ADCJ, Deputy President
Dr J Fogarty, Senior Member
Dr S Cowap, Senior Member
D Telford, General Member
PROFESSION AND TRADES — health care professionals — psychologist — misuse of Medicare provider number— misleading and false information — application for and receipt of charitable grant from a fund partly owned or controlled by a patient —whether conduct improper or unethical — whether unsatisfactory professional conduct — whether professional misconduct
Judgment of
E Bishop SC, Senior Member
T Hannan, Senior Member
J Berg, Senior Member
R Leontini, General Member
ENFORCEMENT- where Registrar, Aboriginal Land Titles Act alleges that director of Aboriginal Land Council has breached provisions of the Act and Regulations made pursuant to the Act- whether Tribunal should conduct proceedings into the referral- whether respondent has breached the regulatory scheme created by the Act- what protective orders should be made against respondent where respondent found guilty of such breaches
HEALTH — professional registration and discipline — nurse — complaints —whether practitioner breached a condition of registration — whether any such proved breach constitutes unsatisfactory professional conduct — whether practitioner has an impairment
Judgment of
G Blake AM SC, Senior Member
M Cooke, Senior Member
E Gambrell-Ball, Senior Member
M Ficarra OAM, General Member
ADMINISTRATIVE LAW - REVIEW OF DECISION BY EXTERNAL DECISION-MAKER — decision to cancel registration as a certifiers pursuant to section 48 of the Building Professionals Certifiers Act 2018 (NSW) PRACTICE AND PROCEDURE — INTERLOCUTORY ORDER – interim decision — factors relevant to exercise of the power to make the interim decision under section 60 of the Administrative Decisions Review Act 1997 (NSW) — interlocutory decision to take effect retrospectively — stay.
OCCUPATIONS – medical practitioners – misconduct and discipline – unsatisfactory professional conduct – professional misconduct – protective orders – prohibition order - costs
Judgment of
The Hon. J Stevenson ADCJ, Principal Member
Dr C Newberry, Senior Member
Dr S Patel, Senior Member
Dr C Berglund, General Member
HEALTH – professional registration and discipline – nurse – boundary violations - unsatisfactory professional conduct – improper or unethical conduct – professional misconduct – was the conduct of a sufficiently serious nature to justify suspension or cancellation of the Respondent’s registration – appropriate protective orders - cancellation of registration
Judgment of
S Dunn, Senior Member
S Schulz-Robinson, Senior Member
J O’Baugh, Senior Member
R Leontini, General Member
PROFESSION AND TRADES — health care professionals — Chinese medicine — practice without registration — failure to have professional indemnity insurance — whether conduct improper of unethical — whether unsatisfactory professional conduct — whether professional misconduct
Judgment of
E Bishop SC, Senior Member
Dr L Liang, Senior Member
J Hue Lee, Senior Member
A Gray, General Member
OCCUPATIONS - professional registration and discipline – where practitioner admits unsatisfactory professional conduct – whether it is appropriate to make a protective order.
Judgment of
Hon. M Le Poer Trench ADCJ, Principal Member
Dr M Sheridan, Senior Member
Dr J Newton, Senior Member
D Telford, General Member
ADMINISTRATIVE REVIEW – disciplinary action - licencing – criminal offences – failure to disclose all past offence – assault on neighbour while performing building works – whether guilty of improper conduct - whether a fit and proper person
OCCUPATIONS – Dental practitioner – Appeal from decision to suspend practitioner – Where practitioner had positive drug tests indicating cocaine use – Where practitioner had failed to comply with conditions on registration – Where expert evidence indicated that practitioner did not have a substance use disorder – Whether practitioner posed a risk to the health and safety or any person– Whether appropriate to take action for protection of health or safety or any person or whether action is in public interest - Whether suspension appropriate – Whether proposed conditions adequately address risk to patients
Judgment of
Dr J Lucy, Senior Member
Dr J Dale, Senior Member
Dr M Jonas, Senior Member
R Kusuma, General Member
OCCUPATIONS – enrolled nurse – impaired practitioner – practitioner not competent – practitioner not registered at the time of the hearing – appropriate protective orders.
Judgment of
The Hon Le Poer Trench ADCJ, Principal Member
C Sippel, Senior Member
S Smiltnieks, Senior Member
M Christensen, General member
ADMINISTRATIVE LAW - REVIEW OF DECISION BY EXTERNAL DECISION-MAKER — decision to refuse contractor licence pursuant to the Home Building Act 1989 (NSW) – fit and proper person
TOW TRUCK INDUSTRY ACT 1998 – tow truck drivers certificate – disciplinary action – certified driver guilty of one indictable offence as grounds for disciplinary action under section 42(1)(b) even when no conviction recorded and matter dealt with summarily – appropriate disciplinary action under section 41(2) – permanent revocation of certificate and three month disqualification from holding certificate not appropriate –reprimand and fine appropriate in circumstances
OCCUPATIONS-medical practitioners-misconduct and discipline-where the practitioner was convicted of aggravated sexual touching and common assault upon a receptionist at his practice- here the practitioner failed to take responsibility for his behaviour and failed to participate in the hearing -where the practitioner’s registration is cancelled with a non- review period of two years
Judgment of
Hon G Watts ADC J, Principal Member
Dr S Cowap, Senior Member
Dr J Aitken, Senior Member
D Telford, General Member
OCCUPATIONS — Medical practitioners — Misconduct and discipline – appeal against suspension of registration – whether leave to appeal out of time should be granted – challenge to delegations.
ADMINISTRATIVE LAW – Civil and Administrative Tribunal – application by medical practitioner for stay of order imposed by Medical Council of NSW suspending medical registration - pending appeal raising points of law – claim of denial of procedural fairness – claim of failure to take into account relevant expert evidence – claim of erroneous conclusion the applicant posed a risk to patients and the profession – claim the decision to suspend was legally unreasonable and not supported by the evidence - whether circumstances justified the exercise of emergency powers of suspension pursuant to s 150 of National Law (NSW) – balance of convenience warrants grant of stay pending determination of pending appeal – existing conditions for practice to continue pending determination of the appeal COSTS – Medical Council to pay the applicant’s costs of seeking a stay WORDS AND PHRASES – element of confusion in initial reasons given for suspension – lack of clarity due to use of illegitimate conjunction “and/or” in initial reasons for suspension
HEALTH CARE COMPLAINTS ACT – Actions against non-registered health practitioners – counsellor - interim prohibition order – code of conduct – provision of health services in a safe and ethical manner – engagement in sexual or other close relationship with client - administrative review
COSTS - who should pay the costs of an appeal under s 160 of Health Practitioner Regulation National Law (NSW) – where Appellant withdrew reliance on an appeal under s 160A at the commencement of the hearing – whether that withdrawal amounts to disentitling conduct
OCCUPATIONS-health practitioners-misconduct and discipline-where the practitioner is guilty of unsatisfactory professional conduct because she tampered with COVID-19 vaccinations intended for herself and Person A- where these breaches were of a sufficiently serious nature to justify suspension or cancellation of the practitioner’s registration and accordingly the practitioner is guilty of professional misconduct-where the appropriate protective order is to suspend the practitioner’s registration for a period of three months- where the parties have agreed on the imposition of conditions following the period of suspension-where an order is made prohibiting the publication of person A’s name -where the practitioner is ordered to pay costs agreed or assessed
Judgment of
The Hon G Watts ADCJ, Principal Member
M Cooke, Senior Member
E Gambrell-Ball, Senior Member
J Sillince, General Member
HEALTH- Professional registration and discipline- whether Tribunal has power to reprimand unregistered practitioner pursuant to s 149A(1)(a) of the National Law- whether registration of practitioner found guilty of professional misconduct should be cancelled pursuant to s 149C(1)(b) of the National Law if practitioner registered or whether Tribunal should decide pursuant to s 149C(4)(a) that registration would have been cancelled if practitioner not registered- whether order should be made pursuant to s 149C(7) that application for re-registration not be made until after a specified time if practitioner registered or whether disqualification ordered pursuant to s 149C(4)(b) if practitioner not registered
Judgment of
I R Coleman SC ADCJ, Principal Member
Dr A Reid, Senior Member
Dr K Arnold, Senior Member
Associate Professor P Macneill, General Member
ADMINISTRATIVE REVIEW – licencing – whether fit and proper person – past convictions – failure to disclose all past convictions - whether rehabilitated – effect of parole
Occupations – pharmacist – misconduct and discipline – whether guilty of unsatisfactory professional conduct or professional misconduct – criminal conviction – failure to disclose criminal charges – failure to disclose convictions – breach of conditions – prohibition order
Judgment of
H J Dixon SC, Senior Member
H Dowling, Senior Member
T Hehir, Senior Member
B Seth, General Member
OCCUPATIONS – legal practitioners – discipline – instrument of consent filed - whether the Tribunal should exercise the power in s 144(1) the Legal Profession Uniform Law Application Act 2014 (the Application Act) to make the orders agreed to by the parties without making any further inquiries or conducting a hearing
Judgment of
Hennessy ADCJ, Deputy President
N Matkovich, Senior Member
B Thomson, General Member
HEALTH – professional registration and discipline – nurse – unsatisfactory professional conduct – improper or unethical conduct – professional misconduct – was the conduct of a sufficiently serious nature to justify suspension or cancellation of the practitioner’s registration – competence to practise – cancellation of registration
Judgment of
S Dunn, Senior Member
T Azzopardi, Senior Member
M Rowles, Senior Member
D Telford, General Member
OCCUPATIONAL – owner builder permit - s32(1A) Home Building Act - no special circumstances established – no financial hardship established - dual occupancy
OCCUPATIONS - professional registration and discipline – where practitioner admits unsatisfactory professional conduct and professional misconduct – appropriate protective orders
Judgment of
Hennessy ADCJ, Deputy President
Dr J Fogarty, Senior Member
Dr A Badam, Senior Member
R Wellington, General Member
OCCUPATIONS- APPEAL- medical practitioner- where the Medical Board has refused the Practitioner’s application for specialist registration and the Practitioner has appealed- whether the Practitioner is a suitable person, being a fit and proper person, to hold registration- where the Practitioner was charged in 2004 with criminal solicitation of a minor sexual assault- whether the Practitioner, then age 34, had groomed online a person he believed to be a deaf underage virgin and had gone to meet with her with the intention of having sexual intercourse- whether the Practitioner intentionally failed to disclose to regulatory authorities in Australia and New Zealand the criminal charge pending against him- whether the Practitioner forged the signature of another medical practitioner- consideration of the Practitioner’s credibility- where the Practitioner failed to disclose charges and findings of breaches of a violence restraining order- consideration of the Practitioner’s insights; his current mental disorders; the public interest and the conditions the practitioner proposes be placed upon his registration- where the Practitioner is not a person suitable for registration- where the appeal is dismissed and costs reserved
Judgment of
The Hon G Watts, ADCJ (Principal Member)
Dr A Reid (Senior Member)
Dr S Cowap (Senior Member)
D Telford (General Member)
ADMINISTRATIVE LAW- application of lay associate for approval under s121 of the Legal Profession Uniform Law – relevant considerations where applicant pleaded guilty to a serious offence-unlawful possession of firearms.
Judgment of
S Westgarth, Deputy President
N Matkovich, Senior Member
ADMINISTRATIVE LAW – Home building – Application for individual contractor licence – application of Instrument - experience requirements – ‘wide range of building construction work’
Occupations – nurses – misconduct and discipline – criminal conviction – failure by the practitioner to notify the National Board where the National Board and other regulatory agencies aware of the charges immediately after being laid – practitioner not renewing registration
Judgment of
H J Dixon SC, Senior Member
I McQualter, Senior Member
J O’Baugh, Senior Member
R Kusama, General Member
HEALTH – professional registration and discipline – pharmacist – Respondent convicted of criminal offences – whether circumstances of the offences render the Respondent unfit in the public interest to practise – whether circumstances warrant a departure from the general rule on costs – whether Tribunal has power to make an order that the Respondent be permitted to retain a financial interest in a pharmacy
Judgment of
S Dunn, Senior Member
A Lee, Senior Member
J Ludington, Senior Member
R Kusuma, General Member
OCCUPATIONS – medical practitioners – professional registration and discipline – unsatisfactory professional conduct – professional misconduct – prescription of restricted substances and drugs of addiction – whether conduct that demonstrates knowledge, skill or judgment possessed, or care exercised, by practitioner is significantly below standard reasonably expected
Judgment of
Hennessy ADCJ, Deputy President
Dr S Cowap, Senior Member
Dr J Fogarty, Senior Member
D Telford, General Member
OCCUPATIONS – paramedic – professional registration and discipline – criminal offences and convictions – unsatisfactory professional conduct – unfit in the public interest – prohibition order – non-publication order
Judgment of
S McIllhatton, Senior Member
A McAlpine, Senior Member
M Smith, Senior Member
M Ficarra, General Member
PROFESSIONS AND TRADES – health care professional – nursing – unsatisfactory professional conduct - professional misconduct – appropriate protective orders
Judgment of
R C Titterton OAM, Senior Member
A Bennett, Senior Member
P McAsey, Senior Member
B Seth, General Member
COSTS – administrative tribunals – legal practitioner disciplinary proceedings – respondent guilty of unsatisfactory professional conduct and professional misconduct – mandatory costs order – whether exceptional circumstances – no evidence of respondent’s financial or personal circumstances – manner in which respondent conducted his case at hearing.
OCCUPATIONS – nurses – misconduct and discipline – professional misconduct – drug removed from employer’s premises to administer to friend – removal initially denied but later admitted - unregistered practitioner – would have suspended registration
Judgment of
R Lethbridge SC, Senior Member
I McQualter, Senior Member
T Coombs, Senior Member
J Sillince, General Member