Health Care Complaints Commission v HPJ [2026] NSWCATOD 34;

"Pursuant to section 144(a) of the National Law, the practitioner (has) been made the subject of a criminal finding for a criminal offence in NSW.

PARTICULARS OF COMPLAINT ONE

On 30 October 2024 at Picton Local Court, the practitioner was found guilty, but without proceedings to conviction of Common Assault Domestic Violence Related contrary to s61 of the Crimes Act 1900 (NSW).

COMPLAINT TWO

The practitioner is guilty of unsatisfactory professional conduct under section 139B(1)(b) of the National Law in that the practitioner has contravened section 130(1) of the National Law.

PARTICULARS OF COMPLAINT TWO

(1) The practitioner failed to notify the National Board within seven days of becoming aware that he had been charged on 6 June 2024 with the following offences that are punishable by 12 months imprisonment or more: Common assault domestic violence related contrary to s61 of the Crimes Act 1900 (NSW).

(2) The practitioner failed to notify the National Board within seven days of becoming aware that he had been charged on 5 June 2024 with the following offences that are punishable by 12 months imprisonment or more:

Assault occasioning actual bodily harm domestic violence related contrary to s 59(1) of the Crimes Act 1900 (NSW).

(3) The practitioner failed to notify the National Board within seven days of becoming aware that he had been the subject of a finding of guilt on 30 October 2024 for the following offence punishable by imprisonment:

Common assault domestic violence related contrary to s 61 of the Crimes Act 1900 (NSW)."

1. The Respondent relied on his Reply document filed 18 November 2025 which was marked as exhibit R1 in this hearing. By that document the Respondent admits Complaint One and its' Particular. The Respondent admits Complaint Two and the Particulars to that complaint.
2. The Reply document of the Respondent includes the following further statements:

"With respect to particular one (Count Two), the applicant (sic) says he was charged and released on 5 June 2024. That he caught COVID on 7 June 2024 and isolated until 12 June 2024. He says he attended Picton Local Court On 13 June 2024, was provided with all the paperwork to the charges on that date, and notified the HCCC shortly afterwards.

The respondent says that both the South Western Sydney Local Health District and the DCJ notified the HCCC on 6 June 2024, and that no adverse consequences followed from his failure to notify within the seven-day period.

With respect to Particular Two, the Respondent accepts that there was a finding of guilt with respect to 1 charge of common assault (domestic violence) on 30 October 2024 and accepts that he was required to notify the HCCC within 7 days, but says that he was discharged without conviction, that he notified the HCCC of the finding of guilt on 28 November 2024, after he returned from leave and when he had what he considered the relevant paperwork."

1. In the hearing before the Tribunal, the HCCC relied upon the following documents which were accepted into evidence and marked as set out hereafter:

Exhibit A1: Health Care Complaints Commission Material (361 pages);

Exhibit A2: Health Care Complaints Commission Supplementary Material (101 pages);

Exhibit A3: Commissions' Response to Objections raised and a list of the evidence which is relied upon in response to the objections. [NB. The relevant portion of that document is set out below. The HCCC made clear in submission that the evidence in the material set out in the left-hand block of that document is relied upon to establish the finding sought in the right-hand block of the document.]; and

Exhibit A4: HCCC Further Supplementary Material (13 pages).

1. The Respondent relied upon the following documents which were accepted into evidence and marked as set out hereafter:

Exhibit R1: Reply to Application for Disciplinary Findings;

Exhibit R2: Affidavit of the Respondent dated 6 December 2025; and

Exhibit R3: Statement of the Respondent signed and dated 23 February 2026.

1. In addition to the evidence which was accepted by the Tribunal in documentary form, the following documents were marked for identification:

MFI 2: The Respondent's written outline of opening submission;

MFI 3: The Respondent's Objection to HCCC Stage 1 Hearing evidence; and

MFI 4: Aide Memoire being a copy of the provisions of section 61 of the Crimes Act 1900 (in force between 27 May 2024 and 30 June 2024).

1. At the time of the identification of the evidence relied upon by each of the parties in the hearing before us, the Respondent confirmed that the document marked as Exhibit A3 was accepted as identifying evidence which was not the subject of objection by the Respondent for the purpose of establishing the findings sought and identified in the document.
2. The relevant portion of the document marked as Exhibit A3, which addresses the findings sought by the HCCC and which specifies the evidence relied upon, we here set out:

"To streamline the relevant Stage 1 issues, limit hearing time and resolve any remaining objections, the Commission solely relies on the following documents for the Stage 1 hearing on 27 February 2026:

3. HCCC Further Supplementary Material: AHPRA evidentiary certificate p 7

4. HCCC Further Supplementary Material: Council evidentiary certificate p 9

The practitioner was first registered as a medical practitioner in Australia in 2007

9. HCCC Supplementary material: MyLearning p 97-100

10. HCCC Supplementary Material: Second S150 transcript p 10

11. HCCC Further Supplementary Material: AHPRA evidentiary certificate p 7

The practitioner was working as a medical practitioner for NSW Health, employed by the Illawarra Shoalhaven Local Health District (LHD) since 2017, and had obtained a Fellowship of the Royal Australasian College of Physicians in 2022

13. HCCC Material: NSW Health Code of Conduct p 358

The practitioner was arrested and interviewed by police on 5 June 2024 then charged with two offences and given the charge paperwork on 6 June 2024

17. HCCC Material: Late notification p 26 and attached form p 27-30, CAN p 31 and letter p 32-39

23. HCCC Supplementary Material: Second S150 transcript p 20, 41-42

24. HCCC Supplementary Material: Meeting notes p 83-84

25. HCCC Supplementary material: Risk Assessment p 85-90

26. HCCC Supplementary material: Practitioner's email p 101

28. HCCC Supplementary Material: Second S150 transcript p 20

The practitioner failed to notify the National Board within 7 days of the charges (he notified late, on 17 June 2024)

29. HCCC material: Emergency Doctor complaint p 11-18

31. HCCC Supplementary material: Risk Assessment p 85-90

32. HCCC Supplementary Material: Meeting notes p 83-84

An Emergency Department doctor, DCJ and the LHD became aware of the charges

The practitioner attended court and was found guilty of one offence on 30 October 2024

38. HCCC Material: Late notification p 147 and attached Solicitor letter p 148-149

41. HCCC Supplementary Material: Second S150 transcript p 42-43

42. HCCC Further Supplementary Material: Practitioner's email and attached letter p 11-13

43. HCCC Supplementary material: Risk Assessment p 95

44. HCCC Further Supplementary Material: Practitioner's email and attached letter p 11-13

The practitioner failed to notify the National Board within 7 days of the criminal finding (he notified late, on 28 November 2024).

1. In addition to the documentary evidence set out above, the Tribunal also heard oral evidence from the Respondent. To the extent it is necessary to do so we find the oral evidence of the Respondent establishes the following:

(a) The Respondent knew, prior to 5 June 2024, from the annual documentation he had provided to renew his registration as a medical practitioner that he was required to notify if there was a change in his criminal history;

(b) That when he first started employment in NSW in 2017 he was aware of the NSW Code of Conduct document (see page 346 exhibit A1);

(c) That the Respondent knew from the commencement of his employment, in 2017, that he had to inform his manager if there was a change in his criminal history;

(d) That the Respondent had read, before he was charged with a criminal offence, paragraph 10.3 (Reporting Obligations) of the 2020 "Good Medical Practice: A code of conduct for doctors in Australia" (page 302 of exhibit A1 and following and in particular, page 321);

(e) On 5 June 2024, the Respondent was charged by NSW Police with an offence under section 59(1) and another offence under section 61 of the Crimes Act 1900;

(f) On 6 June 2024, the Respondent was provided with two "Court Attendance Notices" relevant to two separate charges (see page 189 of exhibit A1 which contained detail of two criminal charges);

(g) On or about 6 June 2024, the Respondent contracted COVID and upon testing, proved positive to that virus.

(h) That at about 9pm on 13 June 2024, the Respondent collected from NSW Police, the Court Attendance Notices at 9pm and emailed them to his lawyer (see page 31 exhibit A1);

(i) On 14 June 2024, the Respondent was told, in a meeting at his workplace, to notify the Australian Health Practitioner Regulation Agency (Ahpra) of the charges;

(j) On or about 14 June 2024, the Respondent spoke with a person from the Office of Children's Guardian;

(k) On 17 June 2024, the Respondent notified Ahpra by email of the criminal charges he was facing. He attached a Court Attendance Notice and a letter from his lawyer;

(l) The Respondent was aware on 30 October 2024 when he attended the Local Court for the hearing of criminal charges made against him, that Ahpra would need to be notified of the outcomes;

(m) On 1 November 2024, the Respondent provided to his employer, a NSW Local Health District, a copy of a letter from his lawyer advising of the Court Order made 30 October 2024;

(n) On 28 November 2024, the Respondent notified Ahpra of the outcome of the charges he faced for hearing on 30 October 2024.

1. We find the evidence establishes the Respondent was charged on 5 June 2024 with two relevant charges under the Crimes Act 1900. The first charge was laid pursuant to section 59(1) and the second was laid pursuant to section 61.
2. We find that on 30 October 2024, the Respondent was made the subject of a criminal finding for an offence as specified in section 144(a) of the Health Practitioner Regulation National Law (NSW) No. 86a (the National Law).
3. Section 144(a) of the National Law specifies that a ground for a complaint being made about a registered health practitioner, includes a complaint that the practitioner has, either in this jurisdiction or elsewhere, been convicted of or made the subject of a criminal finding for an offence.
4. We find Complaint One established. Specifically, we find the Respondent being a registered medical practitioner was, on 30 October 2024, made the subject of a criminal finding for a criminal offence in NSW.
5. We find Complaint Two established. We find the Respondent is guilty of unsatisfactory professional conduct under section 139B(1)(b) of the National Law. That finding is made upon both the admission of the Respondent and also our own findings, having considered and assessed the evidence relied upon by the HCCC. That evidence establishes the Particulars stated as supporting the Complaint.
6. We are satisfied the Respondent did contravene the provisions of section 130(1) of the National Law. That section provides:

(1) A registered health practitioner or student must, within 7 days after becoming aware that a relevant event has occurred in relation to the practitioner or student, give the National Board established for the practitioner's or student's health profession written notice of the event.

1. A relevant event, as set out in section 130(1), is defined in section 130(3) of the National Law and includes:

...

relevant event, in relation to a registered health practitioner, means -

(a) the practitioner is charged with -

(i) a scheduled medicine offence; or

(ii) an offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere;

1. The Respondent was charged on 5 June 2024 with two offences under the NSW Crimes Act 1900, each of which was, at the time he was charged, punishable by 12 months imprisonment or more.
2. It is conceded and established that the Respondent did not notify the National Board (in this case Ahpra) within the prescribed time.
3. The Respondent is also guilty of a relevant event under sections 130(1) and (3) because:-

relevant event, in relation to a registered health practitioner, means -

...

(b) the practitioner is convicted of or is the subject of a finding of guilt for -

(i) a scheduled medicine offence; or

(ii) an offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or

1. We are satisfied the Respondent failed to comply with the provisions of section 130(1) of the National Law when he failed to notify Ahpra of the criminal finding made against him on 30 October 2024 in relation to one charge under section 61 of the Crimes Act 1900.
2. Before concluding this judgment, we turn to address a submission made by the Respondent which was critical of the Complaint document moved on by the HCCC in that it did not have a particular or any other statement which addressed the alleged seriousness of the complaints made and set out in the document.
3. Whilst we agree with the counsel for the Respondent that a Complaint document moved on by the HCCC in this Occupational Division of the Tribunal, usually contains details of the alleged seriousness of the complaint and evidence to address that. We note that such evidence is almost exclusively reserved for cases where the HCCC is seeking a finding of Professional Misconduct as defined in section 139E of the National Law. That section does require the establishing of conduct which is of sufficient seriousness to justify the Tribunal making an order for the suspension or cancellation of a registered health practitioner's registration. In the proceeding before us no finding of professional misconduct is sought.

1. At the conclusion of the hearing, and following the conclusion of the parties' submissions, the Tribunal had cause to be concerned about the fact that the subject criminal proceeding in which the Local Court made a finding of guilt against the Respondent, involved an established offence against a minor. As such, concerns were raised amongst the Tribunal members as to the identification of the minor person, whose name is set out in evidence in this hearing, through the publication of this judgment.
2. In order to avoid a possible breach of legislation which forbids the publication of proceedings in which a minor is the subject of a criminal charge, or any proceeding involving a minor being a complainant or witness (see for example section 15A(1) Children (Criminal Proceeding) Act 1987 (NSW)), and without the benefit of either party having considered that matter and addressed the Tribunal in relation to same, the Tribunal of its' own motion made interim orders requiring non-disclosure and also that the name of the proceeding be anonymised. That was done on the basis that some detail contained in the evidence relied upon in this proceeding and/or referred to in this judgment may inadvertently identify the subject minor directly or because of the name of the Respondent being published.
3. The orders made by the Tribunal are as follows:

(1) Pursuant to section 144(a) of the National Law, the Respondent has been made the subject of a criminal finding for a criminal offence in NSW.

(2) The Respondent is guilty of unsatisfactory professional conduct under section 139B(1)(b) of the National Law in that he has contravened section 130(1) of the National Law.

(3) On the Tribunals own motion, and pending further order, the name of the Respondent is to be anonymised with the pseudonym "HPJ".

(4) Pursuant to section 64 (1)(a) of the Civil and Administrative Tribunal Act 2013 No 2 (NSW) the publication or broadcast of the name of the Respondent, any minor and any victim referred to in this proceeding, is prohibited. Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.

(5) The Stage Two hearing is to be listed for hearing in the Sydney Registry of the Tribunal, on 9 June 2026 at 10am.

(6) On or before 19 May 2026, the HCCC is to file and serve any Stage Two evidence it seeks to rely upon together with its written submission.

(7) On or before 26 May 2026, the Respondent is to file and serve any Stage Two evidence to be relied upon together with a written submission.

(8) On or before 2 June 2026, the HCCC is to file and serve any evidence in reply together with any submission in reply.

(9) Should either party seek any further direction or order prior to 9 June 2026, application may be made by email or on the appropriate form and is to be listed expeditiously before the Principal Member or List Judge.

I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales.