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Health law

Health Care Complaints Commission v Balasubramaniam (No 2)

After findings of professional misconduct, the Tribunal cancelled the nurse’s registration, imposed a five-year non-review period, prohibition order, costs, and suppression orders.

  • Registered nurse registration cancellation
  • Protective orders
  • Non-review period
  • Prohibition on providing health services
  • Costs
  • Suppression/publication restriction
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Health law

Health Care Complaints Commission v Flanagan

The Tribunal found a psychologist engaged in sexual boundary violations and confidentiality breaches with a former patient, cancelled his registration, and imposed a two-year non-review period.

  • Unsatisfactory professional conduct
  • Professional misconduct
  • Sexual boundary violations
  • Confidentiality and patient records
  • Cancellation of registration
  • Costs
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Administrative law

Turner v Illawarra Shoalhaven Local Health District

The Tribunal affirmed most redactions in a GIPA access decision, remitted one document for further privilege determination, and affirmed that no further information was held.

  • Gipa access application
  • Overriding public interest against disclosure
  • Client legal privilege
  • Personal information
  • Health information
  • Reasonable searches
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Health law

Health Care Complaints Commission v Dr Antwan Barich

The Tribunal found Dr Barich guilty of unsatisfactory professional conduct and professional misconduct, cancelled his registration, and imposed a two-year non-review period.

  • Medical practitioner conduct
  • Unsatisfactory professional conduct
  • Professional misconduct
  • Protective orders
  • Prescribing drugs of addiction
  • Record keeping
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Occupational discipline

Health Care Complaints Commission v HXX (No 2)

The Tribunal granted an application to anonymise a previously published disciplinary decision about a medical practitioner, and ordered the practitioner to pay the Commission’s costs.

  • Open justice
  • Non-publication/anonymisation order
  • Costs
  • Medical practitioner disciplinary publication
  • Mental health evidence
  • Non-publication-order
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Health law

Health Care Complaints Commission v Al Hamid

The Tribunal found repeated breaches of podiatry registration conditions and misleading statements to the regulator, amounting to professional misconduct.

  • Professional misconduct
  • Unsatisfactory professional conduct
  • Registration conditions
  • Protective orders
  • Costs
  • Non-disclosure order
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Civil procedure

Luo v Health Care Complaints Commission

The Court of Appeal dismissed Mr Luo’s appeal as incompetent because leave to appeal was required under s 101 of the Supreme Court Act and was not sought.

  • Leave to appeal
  • Monetary threshold
  • Incompetent appeal
  • Professional discipline
  • Costs
  • Leave-to-appeal
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Occupational discipline

Health Care Complaints Commission v Golowenko

The Tribunal cancelled Dr Golowenko’s registration for admitted professional misconduct involving boundary violations, unsafe prescribing and poor records, with a six-month non-review period.

  • Medical practitioner misconduct
  • Boundary violations
  • Professional misconduct
  • Unsatisfactory professional conduct
  • Protective orders
  • Cancellation of registration
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Administrative law

Adams v Health Care Complaints Commission

The Court dismissed a judicial review challenge to the HCCC’s review decision about a dental complaint, holding the decision was not reviewable and, in any event, was adequately reasoned.

  • Judicial review
  • Procedural fairness
  • Reasons for decision
  • Health care complaints commission
  • Dental complaint
  • Judicial-review
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Health law

Health Care Complaints Commission v Verdugo (No 2)

The Tribunal imposed protective orders after findings of professional misconduct involving a sexual act with a vulnerable patient in a hospital high dependency unit.

  • Nursing
  • Patient sexual misconduct
  • Registration cancellation
  • Disqualification from health professions
  • Publication prohibition
  • Costs
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.