Gerald Schwartz v Health Care Complaints Commission

2026/00071118

DISCIPLINARY PROCEEDINGS – on 22 January 2026, the NSW Civil and Administrative Tribunal (NCAT) upheld six complaints referred to it by the respondent and found that the appellant, a registered medical practitioner, was guilty of unsatisfactory professional conduct under s 139B of the Health Practitioner Regulation National Law (NSW) (National Law) and professional misconduct under s 139E of the National Law – the complaints related to the treatment by the appellant of himself and four close family members, deficiencies in the appellant’s record keeping practices and alleged administering of conscious sedation on patients by the appellant in breach of conditions placed in December 2017 on the appellant’s medical registration – the decision of whether to make any protective orders consequent on the findings of unsatisfactory professional conduct and professional misconduct was left to a “stage 2” hearing to be conducted at a later date – whether NCAT erred in making various factual findings and in finding that the appellant had breached the conditions of his registration – whether NCAT erred in its findings as to the meaning of the words “conscious sedation” as used in the conditions imposed on the appellant’s registration – whether, in relation to various of its factual findings, NCAT failed to give adequate reasons, reversed the onus of proof, or lacked sufficient evidence to make those findings – whether NCAT erred in admitting the evidence of an expert witness to which the appellant took objection.

Health Care Complaints Commission v Schwartz [2026] NSWCATOD 8