Health Care Complaints Commission v Sun [2016] NSWCATOD 80

Health Care Complaints Commission v Sun [2016] NSWCATOD 80

The respondent is guilty of professional misconduct under section 139E of the National Law, consisting of repeated breaches of practice conditions and dishonest conduct explained by, but not excused by, drug dependency. The misconduct is of such seriousness as to warrant cancellation of medical registration for public protection and confidence.

Parties
Complainant: Health Care Complaints Commission; Respondent: Dr Young Hoon Sun
Jurisdiction
Australia
Judgment Date
22 June 2016
Procedural Posture
Complaint / Final Determination
Outcome
Registration cancelled
Legal Topics
Professional Misconduct, Medical Practitioner Registration, Drug Dependency, Practice Conditions, Public Protection, Disciplinary Orders
Administrative Law Health Law Professional Regulation Professional Misconduct Medical Practitioner Registration Drug Dependency Practice Conditions Public Protection +1 more

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Parties

Health Care Complaints Commission

Complainant

Dr Young Hoon Sun

Respondent

Procedural Posture

Complaint / Final Determination

Legal Issues

  1. 1 Whether respondent is guilty of professional misconduct under the National Law
  2. 2 Appropriate protective orders for misconduct involving drug dependency and breach of practice conditions
  3. 3 Effect of impairment on professional misconduct

Ratio Decidendi

The respondent is guilty of professional misconduct under section 139E of the National Law, consisting of repeated breaches of practice conditions and dishonest conduct explained by, but not excused by, drug dependency. The misconduct is of such seriousness as to warrant cancellation of medical registration for public protection and confidence.

Court Disposition

Registration cancelled

Orders

  • The registration of the respondent as a medical practitioner is cancelled pursuant to section 149C of the National Law.
  • A period of 3 years is fixed before the respondent may apply for a review pursuant to section 149C(7) of the National Law.