Health Care Complaints Commission v Smith [2016] NSWCATOD 93

Health Care Complaints Commission v Smith [2016] NSWCATOD 93

The Tribunal, accepting the respondent's admitted conduct as proven, found that the cumulative and ongoing boundary violations, in breach of mandated supervision, constituted unsatisfactory professional conduct and professional misconduct under the National Law; concluded that these breaches warranted cancellation of registration (if the respondent had remained registered) and a prohibition order for public protection.

Jurisdiction
Australia
Judgment Date
18 July 2016
Procedural Posture
Professional Disciplinary Proceeding / Final Decision and Orders
Outcome
Complaints of unsatisfactory professional conduct and professional misconduct upheld; registration cancelled (if still in force); prohibition order imposed; costs awarded to applicant.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'boundary Violations' 'health Practitioner Regulation National Law' 'prohibition Orders']
['health Law' 'professional Discipline'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'boundary Violations' 'health Practitioner Regulation National Law' 'prohibition Orders']

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Procedural Posture

Professional Disciplinary Proceeding / Final Decision and Orders

Legal Issues

  1. 1 ['Whether the respondent engaged in unsatisfactory professional conduct under s 139B(1)(a) and/or (l) of the Health Practitioner Regulation National Law (NSW)' "Whether the respondent's conduct amounts to professional misconduct under s 139E of the National Law" 'What protective orders, including cancellation and prohibition, are appropriate']

Ratio Decidendi

The Tribunal, accepting the respondent's admitted conduct as proven, found that the cumulative and ongoing boundary violations, in breach of mandated supervision, constituted unsatisfactory professional conduct and professional misconduct under the National Law; concluded that these breaches warranted cancellation of registration (if the respondent had remained registered) and a prohibition order for public protection.

Court Disposition

Complaints of unsatisfactory professional conduct and professional misconduct upheld; registration cancelled (if still in force); prohibition order imposed; costs awarded to applicant.

Orders

  • ['If Terrence Smith had remained registered, his registration would have been cancelled (s 149C(4) National Law).' 'AHPRA to record the Tribunal would have cancelled the registration had he been registered at the date of decision.' 'No application for review may be made for eighteen months from the date of decision...