Health Care Complaints Commission v Dewar (No.2) [2015] NSWCATOD 23

Health Care Complaints Commission v Dewar (No.2) [2015] NSWCATOD 23

Because the practitioner had engaged in professional misconduct, public protection required a significant protective response, but cancellation and two-year disqualification were excessive. The appropriate orders were a declaration that the Tribunal would have suspended the practitioner's registration for three months if he were still registered, recording of that fact by the Board, a reprimand, and preconditions to any future registration involving supervision, counselling and training. Costs were ordered against the practitioner because there was no basis to depart from the usual rule that costs follow the event, particularly given that earlier admissions and responses may have avoided...

Jurisdiction
Australia
Judgment Date
01 April 2015
Procedural Posture
Professional Disciplinary Proceedings Against a Psychologist / Second Stage Hearing on Protective Orders and Costs After Findings of Unsatisfactory Professional Conduct and Professional Misconduct
Outcome
The Tribunal made protective orders, reprimanded the practitioner, imposed preconditions to any future registration, ordered the Board to record the suspension declaration, and ordered the practitioner to pay the complainant's costs as agreed or assessed.
Legal Topics
['protective Orders for De Registered Practitioner' 'psychologist Professional Misconduct' 'suspension Declaration' 'reprimand' 'conditions Before Re Registration' 'costs Follow the Event']
['administrative Law' 'health Practitioner Regulation' 'professional Discipline' 'costs'] ['protective Orders for De Registered Practitioner' 'psychologist Professional Misconduct' 'suspension Declaration' 'reprimand' 'conditions Before Re Registration' 'costs Follow the Event']

Case Brief

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Procedural Posture

Professional Disciplinary Proceedings Against a Psychologist / Second Stage Hearing on Protective Orders and Costs After Findings of Unsatisfactory Professional Conduct and Professional Misconduct

Legal Issues

  1. 1 ['What protective orders should be made after findings that the practitioner engaged in unsatisfactory professional conduct and professional misconduct under the National Law.' "Whether the Tribunal should declare that it would have cancelled the practitioner's registration or suspended it if he were still registered." 'Whether the practitioner should be prevented from being registered unless he complies with supervision, counselling and training requirements.' "Whether the practitioner should pay the complainant's costs."]

Ratio Decidendi

Because the practitioner had engaged in professional misconduct, public protection required a significant protective response, but cancellation and two-year disqualification were excessive. The appropriate orders were a declaration that the Tribunal would have suspended the practitioner's registration for three months if he were still registered, recording of that fact by the Board, a reprimand, and preconditions to any future registration involving supervision, counselling and training. Costs were ordered against the practitioner because there was no basis to depart from the usual rule that costs follow the event, particularly given that earlier admissions and responses may have avoided...

Court Disposition

The Tribunal made protective orders, reprimanded the practitioner, imposed preconditions to any future registration, ordered the Board to record the suspension declaration, and ordered the practitioner to pay the complainant's costs as agreed or assessed.

Orders

  • ['Pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW) No 86a, if the respondent practitioner had been registered as a psychologist on the National Register of Health Practitioners maintained by the Australian Health Practitioner Agency, the Tribunal would have suspended his registration...