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[2011] NSWSC 960
Supreme Court of NSW
2011-07-25
Brereton J
Original judgment source is linked above.
es Ltd (1985) 4 NSWLR 139 Ex parte Tziniolis; Re The Medical Practitioners Act (1967) 84 WN (NSW) (Pt 2) 275 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Stoker [2010] NSWCHT Health Care Complaints Commission v Wingate (2007) 70 NSWLR 323 Hope v The Council of City of Bathurst (1980) 44 CLR 1 In the Matter of Alger Hiss (1975) Mass 333 N.E.2d 429 McBride v Walton [1994] NSWCA 199 Prothonotary of the Supreme Court of New South Wales v P [2003] NSWCA 320 Smith v New South Wales Bar Association (1992) at 176 CLR 256 Ziems v The Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279 Category: Principal judgment Parties: Health Care Complaints Commission (plaintiff) Kristin Scott Stoker (defendant) Representation: Ms S McNaughton (plaintiff) Mr K Dailly (defendant) Ms Karen Mobbs (plaintiff) Collins and Thompson Solicitors (defendant) File Number(s): 2010/316872
Judgment (ex tempore) 1HIS HONOUR: The defendant Kristin Scott Stoker ('the Chiropractor'), is a registered chiropractor against whom, on 12 October 2009 the plaintiff Health Care Complaints Commission ('the Commission') made a complaint to the Chiropractors Tribunal ('the Tribunal') containing three counts, with corresponding particulars, as follows: Complaint One The practitioner has been convicted of an offence and the circumstances of the offence are such as to render the chiropractor unfit in the public interest to be registered as a chiropractor: Particulars On 18 May 2007 in Sydney, NSW, the chiropractor was convicted of one count of exposing his person in or within view from a public place contrary to (NSW) Summary Offences Act 1988 , s 5 . Complaint Two The practitioner is not of good character: Particulars
In respect of Complaint 1: 1.1 Order that paragraph 4 of the order of the Chiropractors Tribunal of New South Wales in the matter of Health Care Complaints Commission v Stoker [2010] NSWCHT made on 25 August 2010 be set aside. 1.2 Upon Kristin Scott Stoker undertaking to the court that he will agree to the imposition by the Chiropractor's Board on his registration, of a condition for a period of two years from 25 August 2010, that when assessing or treating any female patient under 45 years of age there must be present in the treatment room for the duration of the visit an adult female person, unless the patient is accompanied by any person or guardian who is male and the patient consents to that person being present, otherwise dismiss the appeal from the Chiropractor's Tribunal of New South Wales decision on Complaint One.
In respect of Complaint 2: 2.Dismiss the appeal from the Chiropractor's Tribunal of New South Wales decision on Complaint Two.
In respect of Complaint 3: 3.Allow the appeal from the Chiropractors Tribunal of New South Wales decision on Complaint Three. 4.Pursuant to Health Practitioners Regulation National, s 162A, I substitute a finding that Kristin Scott Stoker was guilty of unsatisfactory professional conduct as alleged in Complaint Three. 5.Decline to exercise any power under Chiropractors Act , s 50 and s 51, in respect of that finding of unsatisfactory unprofessional conduct. Costs 6.Order that the Health Care Complaints Commission pay Kristin Scott Stoker's costs of the appeal.
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 26 August 2011
Health Care Complaints Commission
Kristin Scott Stoker
(2002) 216 CLR 253
(1985) 4 NSWLR 139
(1997) 41 NSWLR 630
(2007) 70 NSWLR 323
(1980) 44 CLR 1
(1957) 97 CLR 279