Health Care Complaints Commission v Chen [2021] NSWCATOD 210

Health Care Complaints Commission v Chen [2021] NSWCATOD 210

Edward Chen engaged in multiple incidents of professional misconduct, including intentionally photographing the bare legs of female clients without consent for his own gratification, failing to notify the National Board of criminal charges and conviction, breaching the Code of Conduct, and demonstrating lack of insight or remediation. The Tribunal, assessing these cumulatively, found the conduct sufficiently serious to justify cancellation of registration in order to protect public health, uphold confidence in the profession, and provide deterrence.

Jurisdiction
Australia
Judgment Date
14 December 2021
Procedural Posture
Disciplinary Proceedings / Determination and Orders
Outcome
Registration cancelled; prohibition on review application for 2 years; costs ordered against respondent.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'registration Cancellation' 'notification Obligations' 'code of Conduct Breach']
['health Law' 'professional Discipline'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'registration Cancellation' 'notification Obligations' 'code of Conduct Breach']

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Procedural Posture

Disciplinary Proceedings / Determination and Orders

Legal Issues

  1. 1 ['Whether the respondent engaged in professional misconduct as a Chinese Medicine practitioner' 'Whether the conduct amounted to unsatisfactory professional conduct' 'Whether the respondent breached notification obligations under the National Law' "Whether the respondent's registration should be cancelled"]

Ratio Decidendi

Edward Chen engaged in multiple incidents of professional misconduct, including intentionally photographing the bare legs of female clients without consent for his own gratification, failing to notify the National Board of criminal charges and conviction, breaching the Code of Conduct, and demonstrating lack of insight or remediation. The Tribunal, assessing these cumulatively, found the conduct sufficiently serious to justify cancellation of registration in order to protect public health, uphold confidence in the profession, and provide deterrence.

Court Disposition

Registration cancelled; prohibition on review application for 2 years; costs ordered against respondent.

Orders

  • ['Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW) the registration of Edward Chen as a Chinese Medicine practitioner is cancelled.' 'Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW) Edward Chen may not apply for review of the cancellation order for a...