Practice and Procedure – disciplinary action against councillor – stay of decision under appeal – external appeal – factors relevant to whether stay granted – whether arguable case – balance of convenience
PROFESSIONS AND TRADES – health care professional - psychologist – where complaints of unsatisfactory professional conduct and professional misconduct are not admitted
Judgment of
R C Titterton OAM, Senior Member
W Roberts, Senior Member
C Allan, Senior Member
R Kusuma, General Member
OCCUPATIONS – nurses – misconduct and discipline – unsatisfactory professional conduct – professional misconduct – repeated sexual harassment of other staff and co-workers – appropriate protective orders COSTS – discretionary factors
Judgment of
J Gatland, Senior Member
Dr S Schulz-Robinson, Senior Member
J Harrington, Senior Member
M Christensen, General Member
PRACTICE AND PROCEDURE – Summary disposal – Dismissal of proceedings – Whether proceedings lacking in substance CIVIL AND ADMINISTRATIVE TRIBUNAL – Aboriginal Land Rights Act 1983 (NSW) – Local Aboriginal Land Councils – Boards and board members – Vacancy in office – Board meetings – Procedure – Notice requirements – Quorum – Whether meetings occurred – Absence from meetings
OCCUPATIONS – legal practitioners – solicitors – misconduct and discipline – whether solicitor “engaged in legal practice” under Legal Profession Uniform Law – administrative review of decision that solicitor is not a “fit and proper person” to hold a practising certificate
Judgment of
Hennessy ADCJ, Deputy President
S Westgarth, Deputy President
OCCUPATIONS – Architect – alteration of declarations of design practitioners without knowledge or consent – whether unsatisfactory professional conduct – whether professional misconduct
Judgment of
K Ransome, Principal Member
P O’Carrigan, Senior Member
B Thomson, General Member
OCCUPATION — dental practitioners — practitioner convicted of a criminal offence — Practitioner guilty of unsatisfactory professional conduct — practitioner guilty of professional misconduct — cancellation of registration — costs
Judgment of
Hon. M Le Poer Trench ADCJ, Principal Member
Dr J Dale, Senior Member
Dr A Lang, Senior Member
Dr R Leontini, General Member
HEALTH – Medical Practitioner – professional registration and discipline – where medical practitioner convicted of criminal offence – practitioner unfit in the public interest to practise – practitioner unsuitable to hold registration as a medical practitioner
Judgment of
The Hon A Ainslie-Wallace AM ADCJ, Principal Member
Dr J Fogarty, Senior Member
Dr H Haikal-Mukhtar, Senior Member
D Telford, 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”
HEALTH – Nurse - Criminal convictions - Circumstances of the offence - Unfit in the public interest - Failure to give written notice of the criminal charges and convictions under section 130 of the National Law - Unsatisfactory Professional Conduct - Protective Orders
Judgment of
S McIllhatton, Senior Member
L Carlin, Senior Member
H Wong, Senior Member
F Taylor, General Member
HEALTH — registered nurse — professional registration and discipline — performed procedure not certified to perform — failed to assist to resuscitate — whether unsatisfactory professional conduct — whether professional misconduct
Judgment of
E Bishop SC, Senior Member
L Hunt, Senior Member
H Roche, Senior Member
F Taylor, General Member
OCCUPATIONS – registration of health practitioners – nurse – Stage 1 and Stage 2 hearings combined – findings of unsatisfactory professional conduct and professional misconduct – unauthorised restraint of a vulnerable elderly patient by nurse assigned to provide one-on-one care in hospital intensive care unit – restraint contrary to applicable guidelines and protocols – bed sheet tied down tightly across chest of patient – restraining sheet concealed from view – senior staff members and handover shift not informed patient was restrained – absence of proper records – orders for protection of the health and safety of the public – consequential order for costs
Judgment of
Acting Judge Levy SC, Principal Member
Prof R Shaban, Senior Member
E Moore, Senior Member
A Gray, General Member
PROFESSIONAL DISCIPLINE – Medical Practitioner – Appeal under s 159(1)(a) of the National Law against a suspension of registration made at a s 150 hearing on 24 March 2024 – Where it is appropriate for the protection of the health or safety of any person or persons or it is otherwise in the public interest to continue the suspension of the Practitioner’s registration
Judgment of
The Hon G Watts DCJ, Principal Member
Dr M Diamond, Senior Member
Dr S Patel, Senior Member
S Lovrovich, General Member
PROFESSIONS AND TRADES - health care professionals- medical practitioners - where practitioner breached doctor-patient boundaries and knowingly prescribed drugs for patient which were not for patient’s use - whether practitioner guilty of professional misconduct
Judgment of
I R Coleman SC ADCJ, Principal Member
Dr J Fogarty, Senior Member
Dr C Newberry, Senior Member
Ms S Lovorovich, General Member
OCCUPATIONS – registration of health practitioners – medical practitioner – dismissal of application by deregistered general practitioner seeking reinstatement order following expiry of 12 month non-review period – deregistration followed findings of unsatisfactory professional conduct and professional misconduct made at previous Stage 1 and Stage 2 hearings – review of uncontested baseline facts on application for reinstatement – applicant’s incrementally successive violations of the boundary between doctor and patient including non-consensual violation of sexual boundary despite resistance from patient – exploitation of vulnerable patient with significant history of mental health issues –– serious breaches of trust including deceptive prescribing conduct – character flaws – onus on applicant to produce reliably clear sound and solid evidence of appropriate reflection and effective remedial engagement with the detail of prior offending conduct which led to deregistration; PSEUDONYMS – vulnerable complainant patient entitled to anonymity by non-publication order and allocation of litigation pseudonym – applicant seeking reinstatement living in an overseas country where homosexuality is unlawful – applicant’s personal safety at serious risk if his homosexuality becomes known in that country – applicant entitled to allocation of non-publication order and litigation pseudonym – prohibition on identification of applicant’s country of origin and current place of residence; EXPIRY OF NON-REVIEW PERIOD – application for reregistration following expiry of non-review period – expiry not an automatic trigger for reinstatement – consideration of paramount interest of public health and safety takes precedence over consideration of empathy for applicant’s personal safety concerns and applicant’s aspirations to return to practice in Australia; EXPERT EVIDENCE – reliability of expert psychiatric and psychological evidence – non-compliance with requirements of NCAT Procedural Direction 3 – limited weight given to non-compliant expert evidence - disparity of detail between evidence adduced at hearing compared to obliquely glossed version within assumptions provided to psychiatric expert by applicant’s medical defence organisation – benignly understated rendition of underlying facts gloss over the extent and seriousness of applicant’s offending conduct: Paric v John Holland Constructions Pty Ltd [1985] HCA 58 – non-compliant expert evidence unpersuasive; SUFFICIENCY OF EVIDENCE – evidence adduced by applicant insufficient to justify an order recommending reinstatement at this time
Judgment of
Acting Judge Levy SC, Principal Member
Dr S Patel, Senior Member
Dr M Walker, Senior Member
R Wellington, General Member
OCCUPATIONS – medical practitioner – registration of health practitioners – Stage 1 findings – inappropriate prescribing of restricted Schedule 8 and Schedule 4D medications – inadequate medical records – findings of unsatisfactory professional conduct – dismissal of unproven allegation of professional misconduct – Stage 2 hearing to proceed on a date to be fixed
Judgment of
Acting Judge Levy SC, Principal Member
Dr J Aitken, Senior Member
Dr C Newberry, Senior Member
J Barker, General Member
OCCUPATIONS - Nursing - Unsatisfactory Professional Conduct and Professional Misconduct - Allegations of Sexual Misconduct During Clinical Examination – Onus of Proof – Failure to record incident
Judgment of
S McIllhatton, Senior Member at [1]
T Coombes, Senior Member at [1]
S Daly, Senior Member at [388]
J Eagleton, General Member at [1]
OCCUPATION — medical practitioners — specialist plastic surgeon — appropriate protective orders where guilty of professional misconduct — conditions imposed on licence — costs
Judgment of
The Hon M Le Poer Trench ADCJ, Principal Member
Dr S Cowap, Senior Member
Dr J Newton, Senior Member
M Christensen, General Member
OCCUPATIONS — Medical practitioners — findings of unsatisfactory professional conduct and professional misconduct — application for interim suspension before final disciplinary proceedings — health and safety and public interest
HEALTH – medical practitioner – HEALTH misconduct and discipline – unsatisfactory professional conduct – professional misconduct – suspension – conditions imposed on licence
Judgment of
The Hon M Le Poer Trench ADCJ, Principal Member
Dr H Haikal-Mukhtar, Senior Member
Dr P Lye, Senior Member
D Telford, General Member
HEALTH — professional registration and discipline — Complaints — Chinese medicine practitioner — findings of fact —unsatisfactory professional conduct — professional misconduct
Judgment of
R C Titterton OAM, Senior Member
Dr P Coop, Senior Member
Dr S Cochrane, Senior Member
Dr R Leontini, General Member
OCCUPATIONS — Pharmacist — application for reinstatement — whether the practitioner has developed insight — reinstatement application granted with conditions
Judgment of
S McIllhatton, Senior Member
K Carter, Senior Member
A Lee, Senior Member
M Christensen, General Member
OCCUPATIONS – Medical Practitioners – Unsatisfactory Professional Conduct – Professional Misconduct – Protective Orders – Cancellation– Disqualification Period
Judgment of
Balla ADCJ, Principal Member
Dr J Fogarty, Senior Member
Dr J Aitken, Senior Member
D Telford, General Member
PROFESSIONAL DISCIPLINE – Legal Profession – Barrister – Professional misconduct and unsatisfactory professional conduct – Instrument of Consent and Agreed Statement of Facts
Judgment of
Seiden SC DCJ, Deputy President
E Bishop SC, Senior Member
Emeritus Prof P Foreman AM, General Member
ADMINISTRATIVE LAW — Home building — application for renewal of individual contractor licence — application within 10 years of applicant being a director of a Chapter 5 body corporate — s 33B Home Building Act 1989 — s 33C Home Building Act 1989
LICENSING – Security licence – fit and proper person - multiple very serious offences – released from incarceration years ago – no charges since – public interest
ADMINISTRATIVE REVIEW – application for renewal of supervisor certificate – administration and liquidation of company of which the Applicant was a director – whether he took all reasonable steps to avoid the appointment of a liquidator – whether he was a fit and proper person to hold a supervisor certificate
ADMINISTRATIVE LAW – tow truck operators licence and tow truck drivers certificate – grounds for disciplinary action - fit and proper person – public interest
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
HEALTH - professional registration and discipline - professional misconduct found - stage 2 hearing - protective orders - reprimand - additional conditions imposed - non-publication order - costs
Judgment of
The Hon T Sheahan ADCJ, Principal Member
Dr K Smartt, Senior Member
Dr G Yeo, Senior Member
R Wellington, General Member
Administrative Law – refusal of building contractor licence application – director of company in liquidation – whether Applicant took all reasonable steps to avoid external administration – risk to the public if licence granted
OCCUPATIONS – legal practitioners – solicitors – disciplinary proceedings – adjournment application dismissed – no compelling reasons to delay determination of Stage 2 of proceedings involving making of protective orders and awarding of costs
Judgment of
Armstrong J, President
A Suthers, Principal Member
B Thomson, General Member
OCCUPATIONS – nurses – misconduct and discipline – criminal conviction of serious criminal offences – failure by the practitioner to notify the National Board where regulatory agencies were aware of the charges immediately after being laid – need for non-review period
Judgment of
H J Dixon SC, Senior Member
Dr N Story, Senior Member
H T Wong, Senior Member
M Christensen, General Member
OCCUPATIONS — legal practitioners – solicitors – disciplinary proceedings – temporary stay of proceedings until finalisation of roll removal proceedings in Court of Appeal
ADMINISTRATIVE LAW – administrative review – revocation of security licence – interlocutory application – administrator’s obligation to file material with the Tribunal – 29(3) Security Industry Act 1997 – meaning of criminal intelligence report or other criminal information – restrictions on disclosure – what orders are necessary to prevent disclosure
PROFESSIONAL DISCIPLINE – Chiropractor – Where the practitioner has been convicted of serious criminal offences perpetrated during consultations with a patient and is currently imprisoned for those offences – Where the registration of the practitioner is cancelled with a non-review period of five years – Whether the non-review period should date from the suspension of the practitioner’s registration – Whether the practitioner failed to give written notice of the criminal charges pursuant to section 130 of the National Law – discussion as to the appropriate entity to which that notice needed to be given.
Judgment of
The Hon G Watts ADCJ, Principal Member
Dr A Ware, Senior Member
Dr S McKelvey, Senior Member
Ms J Barker, General Member
OCCUPATIONS – nurses – misconduct and discipline –whether practitioner guilty of unsatisfactory professional conduct and professional misconduct – cancellation of registration or suspension with conditions
Judgment of
H J Dixon SC, Senior Member
J Haines, Senior Member
J Harrington, Senior Member
J Kearney, General Member
OCCUPATIONS — health practitioner — chiropractor and Chinese medicine practitioner — finding of professional misconduct — appropriate protective orders COSTS — principles governing the exercise of the discretion to award costs under Health Practitioner Regulation National Law (NSW) — whether applicant had engaged in “disentitling conduct” COSTS –– principles governing apportionment of costs –– multiple issues in proceedings — applicant partly successful PRACTICE AND PROCEDURE — principles governing the discretion to make a non-publication order in respect of name of respondent health practitioner under cl 7(1) of Sch 5D to the National Law
Judgment of
A Britton, Deputy President
Dr A Ware, Senior Member
Dr R Engel, Senior Member
Dr R Leontini, General Member
OCCUPATION – Pharmacy – Application for disciplinary findings and orders where practitioner found guilty of unsatisfactory professional conduct within the meaning of s 139B(1)(a) of the Health Practitioner Regulation National Law (NSW) in that the practitioner’s practice fell significantly below the standard expected of a practitioner of an equivalent level of training or experience – practitioner found guilty of professional misconduct under s 139E of the Health Practitioner Regulation National Law (NSW) in that the practitioner engaged in unsatisfactory professional conduct of a sufficiently serious nature to justify suspension or cancellation of the practitioner’s registration and engaged in more than one instance of unsatisfactory professional conduct of a sufficiently serious nature to justify cancellation of the practitioner’s registration.
Judgment of
A Starke, Senior Member
A Lee, Professional Member
K Carter, Professional Member
M Maher, General Member
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
LOCAL GOVERNMENT — Councillors — alleged misconduct of a Councillor under the Local Government Act 1993 — failure to declare non-pecuniary interest — breach of applicable Codes of Conduct — appropriateness of reprimand
ADMINISTRATIVE REVIEW – driver’s authority – bus driver - good repute – fit and proper person – s 11 Passenger Transport Act 1990 (NSW) – s 12 Passenger Transport Act 1990 (NSW)
OCCUPATIONS – Misconduct and discipline – Chinese medicine practitioner – where application for disciplinary findings and orders cannot be personally served on practitioner in disciplinary proceedings – order for substituted service sought – valid service in accordance with the NCAT Rules
Administrative Law – review of disciplinary findings of the Professional Conduct Committee of the Council of the Law Society of New South Wales –money lent by solicitor to client-conflict of interest- breach of fiduciary duty- unsatisfactory professional conduct-appropriate protective orders-reprimand or caution.
Judgment of
S Westgarth, Deputy President
M Sindler, Senior Member
ADMINISTRATIVE REVIEW – Registered certifier –Whether decisions to cancel applicant’s registration and disqualify him from registration for 6 years are the correct and preferable decisions
ADMINISTRATIVE LAW Other occupations – Point to Point transport providers – Authorisation to provide a limousine taxi service – Discretionary nature of decision – Public safety considerations – whether unacceptable risk to public safety
ADMINISTRATIVE REVIEW – trades – licensing of particular trades – security industry – master security licence – revocation – suitability to hold master security licence – fit and proper person – public interest – provision of false and misleading records to regulators
ADMINISTRATIVE LAW — home building — administrative review of refusal of application for individual contractor licence — effect of requirements imposed by notice under s 20(2) of Home Building Act 1989 (NSW) — experience obtained while employee — meaning of “employee”
PROFESSIONS AND TRADES – legal practitioner — professional misconduct or unprofessional conduct — alleged contravention of the Legal Profession Uniform Law (NSW) 2014 — what amounts to a substantial failure per s 297(1)(a) — public comment on current proceedings under rules 3.1, 5.1 and 28.1 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 — relevance of principles of sub judice contempt — prejudice to a fair trial or diminish public confidence in the administration of justice
Judgment of
Seiden SC DCJ, Deputy President
S D Westgarth, Deputy President
E Hayes, General Member
OCCUPATIONS — physiotherapy — unsatisfactory professional conduct and professional misconduct — where physiotherapist provides cellulite reduction treatment to patient
Judgment of
R C Titterton OAM, Senior Member
J Sulentic, Senior Member
S Mackie, Senior Member
A Gray, General Member
Occupations- Medical practitioners- misconduct and discipline-where the alteration of medical records by the practitioner was on an industrial scale and was perpetrated by him during a period in which he had received multiple warnings and was ultimately under investigation for the very behaviour that he continued to undertake- where the practitioner is guilty of unsatisfactory professional conduct and professional misconduct- Where the practitioner’s registration is cancelled with a non-review period of three years.
Judgment of
The Hon G Watts, ADCJ, Principal Member
Dr M Walker, Senior Member
Dr G Yeo, Senior Member
J Houen, General Member
HEALTH — professional registration and discipline — nurse — appropriate protective orders — admitted conduct — guilty of unsatisfactory professional conduct with regard to secondary employment and failure to act to reduce fatigue COSTS — apportionment of costs — whether failure to establish main part of complaint militates against the Commission recovering its costs
Judgment of
E Bishop SC, Senior Member
T Coombs, Senior Member
R North, Senior Member
Dr R Leontini, General Member
Professional discipline-medical practitioner-where the practitioner has engaged in improper and unethical conduct relating to the practise of medicine - Where the practitioner has breached professional boundaries by engaging in a close personal and intimate relationship with two patients - Where the practitioner become one of those patients enduring guardian-Where the practitioner continuing to treat those patients whilst in those relationships - Where the practitioner both altered the patient’s medical records and failed to records treatment that had been provided - Where the practitioner told the applicant he had provided it with all relevant medical records in his possession for the two patients when he knew that to be false - Where the practitioner is guilty of professional misconduct - Had the practitioner been currently registered the protective order made would have been the cancellation of the practitioner’s registration for a period of three years
Judgment of
Hon G Watts ADCJ, Principal Member
Dr M Cox, Senior Member
Dr G Yeo, Senior Member
M Christensen, General Member
HEALTH — professional registration — registered nurse — conviction — unsatisfactory professional conduct — the practitioner's fitness to practice nursing — appropriate protective orders — prohibition orders — costs
Judgment of
T Simon, Principal Member
M Gorman, Senior Member
T Coombs, Senior Member
F Taylor, General Member
Occupations – Registration of medical practitioners – reinstatement – whether the practitioner has developed insight – application granted with conditions
Judgment of
The Hon ADCJ A Ainslie-Wallace, Principal Member
Dr C Newberry, Senior Member
Dr S Patel, Senior Member
R Wellington, General Member
PRACTICE AND PROCEDURE — summons — set aside an item scheduled in the summons — general principles for the grant or set aside of a summons — legitimate forensic purpose — abuse of process — apparent relevance COSTS — limited costs jurisdiction — s 60(3) special circumstances
Paramedic – conviction – possessing, disseminating child abuse material and intentionally distributing intimate images without consent; registration cancelled for 5 years; prohibition from providing health services for the same period.
Judgment of
R Lethbridge SC, Senior Member
M Smith, Senior Member
L Shabella, Senior Member
J Sillince, General Member
HEALTH — professional registration and discipline — dental practitioner — appropriate protective orders where guilty of professional misconduct regard non-compliance with Dental Council Policy
Judgment of
E Bishop SC, Senior Member
Dr J Ironside, Senior Member
Dr K Campbell, Senior Member
J Sillince, General Member
HEALTH – professional regulation and discipline – medical practitioner – criminal conviction – defrauding of Medicare – registration surrendered – unsatisfactory professional conduct – futility of proceedings – costs
Judgment of
The Hon T Sheahan ADCJ, Principal Member
Dr J Fogarty, Senior Member
Dr S Cowap, Senior Member
J Houen, General Member
OCCUPATIONS – Dental Practitioner – Stage 2 hearing – misconduct and discipline – unsatisfactory professional conduct – professional misconduct – permitting unregistered practitioner to treat patient – undermining regulatory system – need for specific and general deterrence
Judgment of
H J Dixon SC, Senior Member
Dr A Lang, Senior Member
Dr J Coolican AM, Senior Member
R Leontini, General Member
HEALTH — professional registration and discipline — registered nurse — practitioner pleaded guilty and convicted of criminal offence -whether circumstances of the offence render the practitioner unfit in the public interest to practise – whether satisfied the person poses a substantial risk to the health of members of the public – appropriate protective orders
Judgment of
S Dunn, Senior Member
S Jreige, Senior Member
S Schulz-Robinson, Senior Member
F Taylor, General Member
ADMINISTRATIVE LAW - licence under Security Industry Act 1997 (NSW) - revocation of licence - use of medicinal cannabis - offence ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal
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 — protective orders – whether practitioner ought be permitted to practice subject to supervision and regular drug testing — appropriate level of supervision
Judgment of
A Britton, Deputy President
K Carter, Senior Member
M Cross, Senior Member
J Sillince, General Member
OCCUPATIONS — medical practitioner — application for reinstatement — whether the practitioner has developed insight — reinstatement application granted with conditions
Judgment of
Seiden SC DCJ, Deputy President
Dr T Salonga, Senior Member
Dr S Cowap, Senior Member
R Kusuma, General Member
Administrative Law – home building – disciplinary action – whether company failed, without reasonable cause, to comply with a rectification order - improper conduct – applicable penalty
ADMINISTRATIVE LAW – administrative review – real estate agent – where Commissioner for Fair Trading cancelled the applicant’s real estate licence, declared the applicant to be a disqualified person for the purposes of the Property and Stock Agents Act 2002 (NSW) for a period of two years and six months; and disqualified the applicant from being involved in the direction, management or conduct of the business of a licensee for a period of two years and six months COSTS of separate application to refer questions of law to the Supreme Court of NSW – special circumstances – no question of principle
ADMINISTRATIVE REVIEW – driver’s authority – bus driver - good repute – fit and proper person – s 11 Passenger Transport Act 1990 (NSW) – s 12 Passenger Transport Act 1990 (NSW)
OCCUPATIONS – nursing in aged care – Stage II – improper conduct towards resident in facility – unsatisfactory professional conduct – professional misconduct – necessary protective orders – costs to follow event
Judgment of
H J Dixon SC, Senior Member
S Smiltnieks, Senior Member
A Cummins, Senior Member
F Taylor, General Member
OCCUPATIONS — practice and procedure — where service has not been effected on the respondent — whether it is in the public interest to terminate the disciplinary inquiry — whether an inquiry terminated before determining merits could be re-enlivened
PRACTICE AND PROCEDURE — Tribunal procedure — private hearing in part under s 49(2) of NCAT Act — principles of open justice — where councillor is subject of disciplinary proceedings yet to be determined — non-disclosure and non-publication orders under s 64 of the NCAT Act — whether desirable to make orders — mere assertion of damage to reputation or embarrassment an insufficient basis — protection of publication restrictions made in another forum
OCCUPATIONS – medical practitioners – professional registration and discipline – unsatisfactory professional conduct – professional misconduct – prescription of restricted substances – whether conduct that demonstrates knowledge, skill or judgment possessed by practitioner is significantly below standard reasonably expected
Judgment of
Coleman SC ADCJ, Principal Member [1]
Dr C Badam, Senior Member at [267]
Dr C Newberry, Senior Member at [267]
S Lovrovich, General Member at [267]
OCCUPATION – medical practitioners – specialist plastic surgeon – guilty of unsatisfactory professional conduct – guilty of professional misconduct - s139(a) of the National Law – competency - sufficient knowledge and skill to practice as a specialist plastic surgeon
Judgment of
Hon M Le Poer Trench ADCJ, Principal Member
Dr S Cowap, Senior Member
Dr J Newton, Senior Member
M Christiansen, General Member
ADMINISTRATIVE LAW — Home building — application to vary licence — individual contractor licence — application of Instrument — qualification requirements
HEALTH — professional registration and discipline — registered nurse — unethical or improper conduct — inappropriate professional boundaries — inappropriate personal relationship with patient — whether unsatisfactory professional conduct — whether professional misconduct
Judgment of
E Bishop SC, Senior Member
J Harrington, Senior Member
A Bizzotto, Senior Member
J Sillince, General Member
Occupational Division – paramedicine – non-publication order – protective, not punitive - whether unfit in the public interests to practice – convicted of a criminal offence – no longer registered – suicidal ideation - the Tribunal would have cancelled the registration – disqualification four years – costs submissions sought
Judgment of
R L Bailey, Senior Member
S Kelly, Senior Member
W Hughes, Senior Member
M Ficarra, General Member
COSTS - review of the conditions attaching to his registration pursuant to ss 150A or 150C of the National Law - Council’s changing of position with respect to the conditions which were appropriate to be attached to the Practitioner’s registration – not wholly successful – costs follow the event – objective of a costs order is to compensate the party in receipt of such order, rather than to punish the party against whom it is made - each party acted reasonably - neither party was overwhelmingly successful.
OCCUPATIONS — Heath practitioners — Health Practitioner Regulation National Law (NSW) — Registered nurse — application for provisional registration — Performance Assessment undertaken — Whether process unfair — Practitioner found not to be suitable — Whether conditions appropriate — Provisional registration refused. COSTS — General rule that costs follow the event — no disentitling conduct.
Judgment of
J Redfern PSM, Senior Member
T Azzopardi, Senior Member
Dr L Gregory, Senior Member
J Barker, 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
OCCUPATIONS – pharmacy – external appeal against suspension of registration by Pharmacy Council of New South Wales – whether PBS fraud within scope of s 150 of the Health Practitioner Regulation National Law (NSW) - no points of law made out
ADMINISTRATIVE LAW — REVIEW OF DECISION BY EXTERNAL DECISION-MAKER — decision to cancel contractor licence and disqualify a licence holder pursuant to section 62 of the Home Building Act 1989 (NSW) —improper conduct — fit and proper person
HEALTH — professional registration and discipline — occupational therapist — unethical and improper conduct — inappropriate professional boundaries — inappropriate personal relationships with patient — whether unsatisfactory professional conduct — whether professional misconduct
Judgment of
E Bishop SC, Senior Member
N Francis, Senior Member
D Wilson, Senior Member
J Kearney, General Member
OCCUPATIONS – pharmacists – suspension of registration under s 150 of the Health Practitioner Regulation National Law – external appeal under s 159 – nature of external appeal – appeal allowed – appropriate conditions on registration
Judgment of
R C Titterton OAM, Senior Member
P Mcasey, Senior Member
P Sinclair AM, Senior Member
M Maher, General Member
Occupations-pharmacist-claims against pharmaceutical benefit schemes without dispensing relevant medications-improper and unethical conduct-unsatisfactory professional conduct-professional misconduct-suspension of registration with conditions imposed at expiry of suspension.
Judgment of
H J Dixon SC, Senior Member
P Murney, Senior Member
A Lee, Senior Member
J Sillince, General Member
HEALTH – professional registration – registered dentist – conviction – unsatisfactory professional conduct - the practitioner's fitness to practice dentistry - appropriate protective orders – prohibition orders – costs
Judgment of
T Simon, Principal Member
J Ironside, Senior Member,
Dr A Lang, Senior Member
S Lovrovich, General Member
HEALTH – professional registration and discipline – formerly registered Chinese Medicine practitioner – unsatisfactory professional conduct – improper or unethical conduct – professional misconduct – cancellation of registration
Judgment of
S Dunn, Senior Member
J Lee, Senior Member
E Pun, Senior Member
A Gray, General Member
HEALTH – professional registration and discipline – nurse – unsatisfactory professional conduct – professional misconduct – was the conduct of a sufficiently serious nature to justify suspension or cancellation of the Respondent’s registration - appropriate protective orders
Judgment of
S Dunn, Senior Member
J Haines, Senior Member
R Shaban, Senior Member
A Gray, General Member
ADMINISTRATIVE LAW – administrative review - Home Building – Applications for contractor licences – individual and company - employee – remuneration – not a subcontractor
ADMINISTRATIVE LAW - Security Industry Act 1997 (NSW) – application for security industry licence – mandatory refusal – whether conviction for perjury under s 703 of the Criminal Code 2002 (ACT) is a conviction for an “offence involving dishonesty or fraud” – the offence of perjury under s 703 of the Criminal Code 2002 (ACT) does not necessarily require proof dishonesty or fraud. WORDS AND PHRASES - “an offence involving fraud, dishonesty or stealing”
OCCUPATIONS – registration of medical practitioners – reinstatement application by deregistered former general practitioner - review of previous findings of unsatisfactory professional conduct and professional misconduct – order for reinstatement subject to conditions for protection of the health and safety of the public
Judgment of
Acting Judge Levy SC, Principal Member
Dr H Chriss, Senior Member
Dr L Taoube, Senior Member
M Christensen, General Member
OCCUPATIONS – Nursing – Application for disciplinary findings and orders where practitioner found guilty of unsatisfactory professional conduct – Practitioner formally reprimanded – Conditions imposed on the practitioner’s registration.
Judgment of
A Starke, Senior Member
A Cummins, Senior Member
N Story, Senior Member
B Seth, General Member
HEALTH — registered nurse — allegations of sleeping during night shifts — secondary employment — whether unsatisfactory professional conduct — whether professional misconduct
Judgment of
E Bishop SC, Senior Member
T Coombs, Senior Member
R North, Senior Member
Dr R Leontini, General Member
COSTS — clause 13 of Sch 5D to the National Law — general rule that costs follow the event — where applicant was largely successful — no disentitling conduct — hearing dispensed under s 50 of the NCAT Act.
OCCUPATIONS - registration of medical practitioners – application by deregistered general practitioner following findings of unsatisfactory professional conduct and professional misconduct – practitioner’s behaviour was found to have crossed the professional boundary between doctor and patient - application for re-registration following expiry of preclusion period – whether former practitioner’s insight into the events which led to misconduct and deregistration has been sufficiently addressed by appropriate remedial steps – whether public health and safety adequately protected if reinstated – order for reinstatement
Judgment of
Acting Judge Levy SC, Principal Member
Dr S Patel, Senior Member
Dr D King, Senior Member
F Taylor, General Member
ADMINISTRATIVE REVIEW – Home Building – Application for contractor licence – bankruptcy – whether Secretary’s discretion should be exercised within three year bar
HEALTH – Pharmacist - fraudulent PBS claims – Criminal Convictions - Unsatisfactory Professional Conduct - Professional Misconduct - Protective Orders - Refusal to make a Prohibition Order
Judgment of
S McIllhatton, Senior Member
M Cross, Senior Member
K Carter, Senior Member
B Seth, General Member
HEALTH — registered health practitioner — whether conduct found to amount to unsatisfactory professional conduct — appropriate form of protective orders — prohibition order
Judgment of
C Mulvey, Senior Member
K Douglas, Senior Member
C Sippel, Senior Member
F Taylor, General Member
OCCUPATIONS – Other occupations – Point to Point transport providers – Authorisation to provide a taxi service – Discretionary nature of decision – Public safety considerations
OCCUPATIONS — person holding himself out as legal practitioner — person engaging in unqualified legal practice — findings that conduct constitutes grounds for indefinite disqualification on two separate grounds under s 119(2) of Legal Profession Uniform Law (NSW) — disqualification order justified — disqualification order made — non-publication orders made
Judgment of
Armstrong J, President
A Suthers, Principal Member
LICENCING – security licence – mandatory revocation – whether convicted of a prescribed offence involving assault of any description – summary dismissal – arguable case
OCCUPATIONS – nursing in aged care – improper conduct towards resident in facility – attempted collusion during investigation of conduct – unsatisfactory professional conduct – professional misconduct – Stage II hearing to follow
Judgment of
H J Dixon SC, Senior Member
S Smiltnieks, Senior Member
A Cummins, Senior Member
F Taylor, General Member
HEALTH – Pharmacist - misappropriation of medication from a hospital – mislead a regulatory authority - Unsatisfactory Professional Conduct - Professional Misconduct
Judgment of
S McIllhatton, Senior Member
E Anderson, Senior Member
T Melocco, Senior Member
B Seth, General Member
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 — 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
OCCUPATIONS – psychology – misconduct and discipline – academic cheating – non-compliance with role of Supervisor of interns – improper and unethical conduct – unsatisfactory professional conduct – professional misconduct – cancellation of registration
Judgment of
H J Dixon SC, Senior Member
M Stojanovska, Senior Member
J Szyndler, Senior Member
B Seth, General Member
HEALTH — professional registration and discipline — registered nurse — impairment — unethical or improper conduct — inappropriate professional boundaries — inappropriate personal relationships with patients — whether unsatisfactory professional conduct — whether professional misconduct
Judgment of
E Bishop SC, Senior Member
E Moore, Senior Member
D Sutton, Senior Member
J Houen, General Member
COSTS — cl 13 of Sch 5D of the National Law — general rule that costs follow the event — disentitling conduct — where a party is not entirely successful — each party bears their own costs — hearing dispensed under s 50 of the NCAT Act — costs discretion
ADMINISTRATIVE REVIEW- misconduct of a solicitor- review of a decision of the Council of the Law Society of NSW to cancel the Applicant’s practising certificate and to preclude the Applicant from applying for a practising certificate for a period of five years- Applicant having been convicted of perverting the course of justice contrary to s319 of the Crimes Act 1900 (NSW) – whether conduct aberrative- Tribunal declares Applicant to be a fit and proper person to hold a practising certificate subject to conditions – practising certificate to continue to be suspended until the term of a community corrections order has been served- afterwards the practising certificate to be subject to the conditions that the Applicant is to practise under supervision as an employee, is not practise as a sole practitioner and is to undertake courses on legal ethics.
Judgment of
S Westgarth, Deputy President
R C Titterton OAM, Senior Member
OCCUPATIONS – legal practitioners – solicitors – disciplinary proceedings – where respondent lawyer found guilty of professional misconduct for consistent and repeated breaches of rr 33.1 and 4.1.2 of Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW) – appropriate protective orders – continued pattern of behaviour in sending of discourteous or otherwise inappropriate correspondence in the course of disciplinary proceedings before Tribunal – finding that lawyer currently unfit to practise – finding that lawyer likely indefinitely unfit to practise – roll removal recommended – costs order made
Judgment of
Armstrong J, President
A Suthers, Principal Member
B Thomson, General Member
OCCUPATIONS- Legal Profession- whether barrister agreed to provide legal services pursuant to alleged consultancy agreement whilst not holding practising certificate- whether barrister received money from client for provision of legal services whilst not holding practising certificate- whether barrister guilty of unsatisfactory professional conduct- whether barrister guilty of professional misconduct
Judgment of
Coleman SC ADCJ, Principal Member
E Bishop SC, Senior Member
L Porter, General Member
ADMINISTRATIVE LAW - review of decision by external decision-maker –decision of delegate to cancel strata management company and individual licences and disqualify both licence holders under the Property and Stock Agents Act 2002 PRACTICE AND PROCEDURE - interlocutory order - interim decision – stay order sought
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
OCCUPATIONS – Nursing – Application for disciplinary findings and orders where practitioner convicted of two offences of Dishonestly obtain property by deception contrary to s 192E(1)(a) of the Crimes Act 1900 (NSW) and one offence of Persons Unlawfully in possession of property, contrary to s 527C(1)(a) of the Crimes Act 1900 (NSW ) and sentenced to 18 months imprisonment to be served by way of Intensive Correction Order expiring on 13 October 2024 – practitioner found to have engaged in unsatisfactory professional conduct under s 139B(1)(l) of the Health Practitioner Regulation National Law (NSW) in that the practitioner engaged in improper and unethical conduct related to the practice of nursing – practitioner found guilty of professional misconduct under s 139E of the Health Practitioner Regulation National Law (NSW) in that the practitioner engaged in unsatisfactory professional conduct of a sufficiently serious nature to justify suspension or cancellation of the practitioner’s registration and engaged in more than one instance of unsatisfactory professional conduct of a sufficiently serious nature to justify the suspension or cancellation of the practitioner’s registration.
Judgment of
A Starke, Senior Member
K Austin, Senior Member
L Campbell, Senior Member
A Gray, General Member
OCCUPATIONS — registration of medical practitioners — application for re-registration after expiry of disqualification period — male general practitioner disqualified from registration following findings of unsatisfactory professional conduct and professional misconduct — violation of professional boundary between doctor and patient — sexual relationship with a vulnerable female patient — whether previous Tribunal findings on 24 December 2021 expressing concern over former registrant’s insight into past misconduct and his mental health issues have been clearly and sufficiently addressed and displaced by appropriate remedial steps — assessment of likelihood of reoffending — whether public health and safety would be adequately protected if the practitioner were to be reinstated at this time notwithstanding the previous Tribunal findings on 24 December 2021 — reinstatement subject to practice and health conditions
Judgment of
Acting Judge Levy SC, Principal Member
Dr J Fogarty, Senior Member
Dr H Haikal-Muhktar, Senior Member
M Christenssen, General Member
OCCUPATIONS — medical practitioners — practice conditions imposed on registration — appeal of decision pursuant to s 159 of the Health Practitioner Regulation National Law (NSW) — variation of practice conditions imposed — whether surgeries performed were below the standard reasonably required — whether post-operative assessments were below the standard reasonably required
Judgment of
Coleman SC ADCJ, Principal Member
Dr R Barnett, Senior Member
Dr M Sheridan, Senior Member
R Wellington, General Member
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
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 — 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
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 — 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
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”
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
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
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