Segal v Medical Council of New South Wales [2020] NSWCATOD 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Segal v Medical Council of New South Wales [2020] NSWCATOD 113 Hearing dates: 7 and 8 September 2020 Date of orders: 02 October 2020 Decision date: 02 October 2020 Jurisdiction: Occupational Division Before: J Boland, AM ADCJ (Deputy President) Dr A Reid (Senior Member) Dr G Yeo (Senior Member) Hon A/Prof P Macneill (General Member) Decision: (1) The decision of the Medical Council of New South Wales of 22 June 2020 is set aside and the following orders substituted in lieu. (2) The following conditions are imposed on the registration of Dr Shaun Segal (the practitioner): (a) To practise only in the area of skin cancer medicine. (b) Not to consult with, counsel, examine, treat or perform any procedures on any female person under the age of 60. (c) The practitioner may only provide emergency medical services to persons in compliance with section 139C(c) of the Health Practitioner Regulation National Law. (d) If any such event occurs, the practitioner must notify the Medical Council of NSW within 24 hours and provide details of the event and any other information as requested by the Council. (e) To submit to an audit of his medical practice, by a person or persons nominated by the Medical Council of NSW and: (i) the audit is to be held within 3 months of 2 October 2020 and subsequently as required by the Council (ii) the auditor(s) is to examine and assess the following aspects of his practice compliance with his practice condition (iii) compliance with Part 4 and Sch 2 of the Health Practitioner Regulation (New South Wales) Regulation 2010; NSW Health Standard – Health Care Records – Documentation and Management 2012 (iv) compliance with orders 2(a) and (b) of these orders. (f) To authorise the auditor(s) to provide the Council with a report on their findings. (g) To meet all costs associated with the audit and any subsequent audits and reports. (h) To authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia for the purpose of monitoring compliance with these conditions. (i) To advise the Medical Council of NSW in writing at least seven days prior to changing his place of practice. (j) To forward evidence to the Medical Council of NSW within 14 days of 2 October 2020, that he has provided a copy of his practice conditions to the Medical Director, Practice Principal, or the responsible senior officer in any place that he practices. (k) Within 14 days of a change in the place of his practice, to forward evidence to the Medical Council of NSW that he has provided a copy of his practice conditions to the Medical Director, Practice Principal, or the responsible senior officer in that place of practice. (l) To authorise the Medical Council of NSW to notify current and future persons or organisations at any places where he works as a medical practitioner in Australia of any issues arising in relation to compliance with these conditions. (m) To attend for treatment by a psychologist of his choice, at a frequency to be determined by the treating practitioner. The practitioner is to: (i) Provide the Council with the professional details of the treating practitioner; (ii) Authorise the treating practitioner to inform the Medical Council of NSW of failure to attend for treatment, termination of treatment or if there is a significant change in health status (including a significant temporary change). (n) To submit to the Medical Council of NSW within seven days of the date of this decision the name of the psychologist proposed for the purposes of order 2(m) of these orders. (3) The practitioner and the Medical Council may file and serve any application and submission in respect of costs within 21 days of the date of this decision. Catchwords: HEALTH – Professional registration and discipline – Complaints – where patient alleges inappropriate sexual relationship – where Medical Council of New South Wales impose suspension – whether appropriate to suspend practitioner's registration or impose conditions Legislation Cited: Crimes Act 1900 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 College of Physicians and Surgeons of Ontario v Peirovy [2018] ONCA 420 Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Pilkington [2020] NSWCATOD 21 Karimi v Medical Council of New South Wales [2017] NSWCATOD 180 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Medical Board of Australia v Liang Joo Leow [2019] VSC 532 Pharmacy Council of NSW v Ibrahim [2020] NSWSC 708 Segal v Medical Council of New South Wales [2020] NSWCATOD 86 Steel v Medical Council of NSW [2020] NSWCATOD 77 Texts Cited: Professor Ron Paterson, "Three years on: Changes in regulatory practice since Independent review of the use of chaperones to protect patients in Australia" (August 2020). Category: Principal judgment Parties: Dr Shaun Segal (Appellant) Medical Council of New South Wales (Respondent) Representation: Counsel: Mr P Griffin SC with Dr P Dwyer (Appellant) Ms D Forrester (Respondent)