Australia, Jan. 17 -- New South Wales Land and Environment Court issued text of the following judgement Dec. 19:

1. On 2 July 2024 the Tribunal decided that Dr Pincock had engaged in unsatisfactory professional conduct and professional misconduct and that he was not a suitable person to hold registration as a medical practitioner: Health Care Complaints Commission v Pincock [2024] NSWCATOD 89 (Stage 1 decision). This decision, the Stage 2 decision, is about the protective orders we should make.

2. The Tribunal has power to suspend or cancel a person's registration as a medical practitioner if it finds, as we have, that the person is guilty of professional misconduct or is not a suitable person for registration: Health Practitioner Regulation National Law (National Law), s 149C(1)(b) and (d).

3. As Dr Pincock is no longer registered, the Tribunal may decide that if he were registered the Tribunal would have suspended or cancelled his registration: National Law, s 149C(4). That is the order sought by the Commission. If we would have cancelled Dr Pincock's, we must decide whether to disqualify him from being registered for a specified period or until specified conditions have been complied with: National Law, s 149C(4)(b).

4. The Commission submits that Dr Pincock should be disqualified from being registered for two years. In addition, the Commission submits that Dr Pincock poses a "substantial risk to the health of members of the public". If that is the case, the Tribunal has power to make a prohibition order preventing him from providing any "health services", not just services provided by a medical practitioner, for the period of cancellation: National Law, s 149C(5A). We may also require the National Board to record the fact that the Tribunal would have suspended or cancelled Dr Pincock's registration in the National Register kept by the Board: National Law, s 149(4)(c).

5. Dr Pincock submits that a one year suspension is appropriate but if cancellation is thought to be necessary, a non-review period of one year is adequate. He submits that there should be no added restriction on his ability to provide other kinds of health services.

6. For the reasons we give below, we have decided that, if Dr Pincock were still registered, the Tribunal would have cancelled his registration and disqualified him from being registered as a medical practitioner for 18 months from the date of this decision.

7. Before setting out our reasons for making those protective orders, we will address two applications for non-disclosure and non-publication orders, one from Dr Pincock and one from his former spouse. We will then give reasons for two decisions we made at the hearing. The first was to make an interim suspension order preventing Dr Pincock from practising until the publication of these reasons. The second was to close the Stage 2 hearing to the public. Finally we deal with Dr Pincock's application that he should not have to pay all the Commission's costs.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/193b9a2cec551ebd1a43fdf9)

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