Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6:

1. On 6 March 2023 an order was made cancelling the registration of Dr Edward Gao (the Practitioner) with a non-review period of 12 months.

2. By an Application filed on 5 November 2024, and pursuant to s 163A(1)(b) of the Health Practitioner Regulation National Law (NSW) (National Law), the Practitioner seeks a review of that order and that the Tribunal make a reinstatement order pursuant to s 163B(1)(c) of the National Law.

3. The order cancelling the Practitioner's registration was based upon complaints about the Practitioner's interaction with Patient A in consultations which occurred on 2 October, 3 November 2018 and 29 April 2019. At that time, the Practitioner worked as a general practitioner in Forster.

4. During the first consultation in October 2018, he inappropriately lifted Patient A's breasts with both hands to demonstrate how they would appear following breast reduction surgery, when Patient A had not requested his opinion; that he touched her breasts without clinical indication or informed consent and told her "Cosmetically it will look better" and again, "Cosmetically it will be much better".

5. During the second consultation in November 2018, the Practitioner inappropriately lifted the elastic banding on the top of Patient A's underwear before conducting an examination of her genital area and he failed to provide sufficient information to Patient A to enable her to provide informed consent for the examination.

6. During the third consultation in April 2019, the Practitioner grabbed Patient A around her waist, kissed and sniffed her neck, said to her "give me a kiss", attempted to hold her hand, stroked her cheek, attempted to hug her and suggested a further breast examination which was not clinically indicated.

7. The Practitioner also failed to record sufficient information in his records for these three consultations with Patient A.

8. On 6 July 2022, the first Tribunal (the first Tribunal), after the Stage 1 hearing, found the Practitioner guilty of unprofessional conduct and professional misconduct (Health Care Complaints Commission v Gao [2022] NSWCATOD 73) and on 6 March 2023, after a Stage 2 hearing, ordered that the Practitioner's medical registration be cancelled with a non-review period of one year (Health Care Complaints Commission v Gao (No 2) [2023] NSWCATOD 19).

9. On this review application, the Health Care Complaints Commission (the Commission), appears before us as of right (s 163C(4) National Law) in the role of contradictor. The Commission cross examined the Practitioner, his mentor and the Practitioner's consultant psychiatrist and made submissions regarding relevant principles. The Commission initially took a neutral position in the case but during the second day of the hearing announced that it sought that the Practitioner's application be dismissed with the effect that his cancellation would continue.

10. At our request the Commission provided in point form a document summarising the oral submissions made by it on 1 April 2025. That document was received on 4 April 2025 and is marked exhibit 20.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19738172b5dc3320a04a6d50)

Disclaimer: Curated by HT Syndication.