Ng v Health Care Complaints Commission
[2018] NSWCATOD 105
At a glance
Source factsCourt
NCAT Occupational
Decision date
2018-03-07
Source
Original judgment source is linked above.
Judgment (8 paragraphs)
Introduction
- In December 2015, the Tribunal (differently constituted) cancelled the registration of osteopath Dr Kuan Ng, under s 149C(1) of the Health Practitioner Regulation National Law (NSW) (the National Law) having found him guilty of unsatisfactory professional conduct and professional misconduct: Health Care Complaints Commission v Ng [2015] NSWCATOD 139. The Tribunal ordered that Dr Ng be prohibited from applying for re-registration for a period of 18 months. In addition, the Tribunal prohibited Dr Ng, for the period of his deregistration, from providing any health service that involves the physical examination or treatment of female patients: s 145C(5).
- That period has now elapsed. Dr Ng applies under ss 163A and 163B of the National Law for review of the order to cancel his registration and an order for reinstatement of his registration.
- On receipt of an application for review of a cancellation order, the Tribunal must conduct an inquiry: s 163B. Having conducted an inquiry, the Tribunal has discretion to exercise a number of powers including the power to dismiss the application, to make a reinstatement order or to vary the prohibition order: s 163B. In this case, the Health Care Complaints Commission (the Commission) opposes the application and submits that a further non-review period of 18 months should be imposed.
- These proceedings are not a re-hearing. In conducting this review, we cannot review the original decision or any findings of fact made in connection with that decision: s 163(2). Rather, our task is "to determine the appropriateness, at the time of the review, of the order concerned": s 163C(1).
- In short, the fundamental issue in this review is whether Dr Ng has proven on the balance of probabilities that he is now a fit and proper person to be registered. It is he who bears the onus of proof on that question.