Health Care Complaints Commission v McAlpine [2022] NSWCATOD 92

Health Care Complaints Commission v McAlpine [2022] NSWCATOD 92

The evidence established that David McAlpine engaged in improper, unethical and significantly below standard conduct toward a vulnerable patient in breach of codes and statutory provisions, warranting cancellation of registration, prohibition from providing ambulance services for one year, and a non-review period, guided by the protective purpose and public interest of disciplinary proceedings.

Jurisdiction
Australia
Judgment Date
17 August 2022
Procedural Posture
Disciplinary Proceedings / Final Orders After Hearing
Outcome
Registration cancelled, prohibition order imposed, timetable for costs submissions set
Legal Topics
['paramedic Misconduct' 'professional Registration Cancellation' 'prohibition Order' 'costs in Disciplinary Proceedings']
['health Law' 'professional Discipline'] ['paramedic Misconduct' 'professional Registration Cancellation' 'prohibition Order' 'costs in Disciplinary Proceedings']

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Procedural Posture

Disciplinary Proceedings / Final Orders After Hearing

Legal Issues

  1. 1 ["Whether the practitioner's conduct constituted unsatisfactory professional conduct under s 139B(1)(l) and (a) of the Health Practitioner Regulation National Law (NSW)" "Whether the practitioner's conduct constituted professional misconduct under s 139E of the National Law" 'Appropriate protective orders including cancellation, non-review period, prohibition from providing ambulance services, and costs']

Ratio Decidendi

The evidence established that David McAlpine engaged in improper, unethical and significantly below standard conduct toward a vulnerable patient in breach of codes and statutory provisions, warranting cancellation of registration, prohibition from providing ambulance services for one year, and a non-review period, guided by the protective purpose and public interest of disciplinary proceedings.

Court Disposition

Registration cancelled, prohibition order imposed, timetable for costs submissions set

Orders

  • ['Pursuant to s 149C (1) of the Health Practitioner Regulation National Law (NSW), the registration of David McAlpine is cancelled.' 'Pursuant to s 149C (7) of the National Law, the practitioner may not apply for a re-instatement order for a period of one year from the date of these orders.' 'The practitioner is...