Health Care Complaints Commission v Quach (No 2) [2015] NSWCATOD 32

Health Care Complaints Commission v Quach (No 2) [2015] NSWCATOD 32

Due to proven professional misconduct and impairment by reason of narcissistic personality disorder detrimentally affecting capacity to practise medicine, the respondent is probably permanently unfit to practise safely. The only appropriate conclusion is cancellation of registration, prohibition from providing health services, and imposition of a review limitation period and costs order.

Parties
Complainant: Health Care Complaints Commission; Respondent: Dr Michael Quach
Jurisdiction
Australia
Judgment Date
21 April 2015
Procedural Posture
Disciplinary Proceedings / Decision on Consequential Orders
Outcome
Registration cancelled; prohibition order made; costs awarded to complainant; review precluded for 7 years.
Legal Topics
Professional Misconduct, Medical Practitioner Deregistration, Mental Impairment Affecting Capacity, Protective Orders, Costs Orders
Health Law Professional Regulation Professional Misconduct Medical Practitioner Deregistration Mental Impairment Affecting Capacity Protective Orders Costs Orders

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Parties

Health Care Complaints Commission

Complainant

Dr Michael Quach

Respondent

Procedural Posture

Disciplinary Proceedings / Decision on Consequential Orders

Legal Issues

  1. 1 Whether the respondent engaged in professional misconduct
  2. 2 Whether the respondent is impaired by reason of a narcissistic personality disorder affecting capacity to practise medicine
  3. 3 What protective orders (including cancellation and prohibition) should be made

Ratio Decidendi

Due to proven professional misconduct and impairment by reason of narcissistic personality disorder detrimentally affecting capacity to practise medicine, the respondent is probably permanently unfit to practise safely. The only appropriate conclusion is cancellation of registration, prohibition from providing health services, and imposition of a review limitation period and costs order.

Court Disposition

Registration cancelled; prohibition order made; costs awarded to complainant; review precluded for 7 years.

Orders

  • The registration of the respondent is cancelled.
  • No application for review may be made for a period of 7 years from this date.