HCCC v Dr Gow (Suppression order) [2008] NSWMT 3

HCCC v Dr Gow (Suppression order) [2008] NSWMT 3

Although publication of the respondent's name would probably bring unwanted and distressing public scrutiny and may adversely affect his health and treatment regime, continuing suppression would be inconsistent with the protective function of the Tribunal proceedings when publishing the reasons for determination and making the consequential orders.

Jurisdiction
Australia
Judgment Date
21 October 2008
Procedural Posture
Medical Disciplinary Complaint; Suppression Order / Judgment on Whether an Interim Suppression Order Should Continue After the Tribunal Determined the Respondent Was Guilty of Professional Misconduct
Outcome
Interim suppression order not continued.
Legal Topics
['medical Practitioner Professional Misconduct' 'protective Function of Disciplinary Proceedings' 'publication of Tribunal Reasons and Orders' "effect of Publication on Practitioner's Health"]
['health Law' 'professional Discipline' 'suppression Orders'] ['medical Practitioner Professional Misconduct' 'protective Function of Disciplinary Proceedings' 'publication of Tribunal Reasons and Orders' "effect of Publication on Practitioner's Health"]

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Procedural Posture

Medical Disciplinary Complaint; Suppression Order / Judgment on Whether an Interim Suppression Order Should Continue After the Tribunal Determined the Respondent Was Guilty of Professional Misconduct

Legal Issues

  1. 1 ["Whether the interim order suppressing the respondent's name, his wife's name, and identifying information should continue when the Tribunal publishes its reasons and orders." "Whether the respondent's serious physical and mental health conditions justified continued suppression despite the protective function of Medical Tribunal proceedings."]

Ratio Decidendi

Although publication of the respondent's name would probably bring unwanted and distressing public scrutiny and may adversely affect his health and treatment regime, continuing suppression would be inconsistent with the protective function of the Tribunal proceedings when publishing the reasons for determination and making the consequential orders.

Court Disposition

Interim suppression order not continued.

Orders

  • ["I decline to continue the order suppressing the respondent's name."]