Health Care Complaints Commission v Power (No 2) [2025] NSWCATOD 17

Health Care Complaints Commission v Power (No 2) [2025] NSWCATOD 17

Given the seriousness of the findings of professional misconduct, Dr Power's lack of insight into professional boundaries and obligations, specific breaches of conditions, and insufficient evidence of an understanding of informed consent, a cancellation of registration is necessary for public protection and...

Source-derived case information.

Parties
Applicant: Health Care Complaints Commission; Respondent: Terry Power
Jurisdiction
Australia
Judgment Date
25 February 2025
Procedural Posture
Occupational Disciplinary Proceeding / Consequential Orders Stage Following Decision on Professional Misconduct
Outcome
Dr Power's registration cancelled; costs order made against him; application for non-publication of name refused.
Legal Topics
Professional Misconduct, Chiropractic and Chinese Medicine Practice, Costs, Non Publication Orders, Protective Orders
Health Law Administrative Law Professional Discipline Professional Misconduct Chiropractic and Chinese Medicine Practice Costs Non Publication Orders Protective Orders

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Parties

Health Care Complaints Commission

Applicant

Terry Power

Respondent

Procedural Posture

Occupational Disciplinary Proceeding / Consequential Orders Stage Following Decision on Professional Misconduct

Legal Issues

  1. 1 Whether Dr Power's registration should be cancelled and a period of disqualification imposed
  2. 2 Whether a costs order should be made against Dr Power, and if so, to what extent
  3. 3 Whether a non-publication order should be made in respect of Dr Power's name

Ratio Decidendi

Given the seriousness of the findings of professional misconduct, Dr Power's lack of insight into professional boundaries and obligations, specific breaches of conditions, and insufficient evidence of an understanding of informed consent, a cancellation of registration is necessary for public protection and denouncing the conduct; the applicant was substantially successful on the issues and is entitled to a costs order at 65 per cent; no sufficiently exceptional circumstances justify a non-publication order for Dr Power's name.

Court Disposition

Dr Power's registration cancelled; costs order made against him; application for non-publication of name refused.

Orders

  • Dr Power's registration as a chiropractor and Chinese medicine practitioner is cancelled under s 149C(1)(b) of the Health Practitioner Regulation Law (NSW).
  • Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW), Dr Power may not apply for review of the cancellation order for 24 months.