Health Care Complaints Commission v Sharrad [2021] NSWCATOD 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sharrad [2021] NSWCATOD 34 Hearing dates: 2 – 5 November 2020 Date of orders: 31 March 2021 Decision date: 31 March 2021 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member Dr A Cooper, Senior Member Dr G Yeo, Senior Member J Barker, General Member Decision: We make the following protective orders: (1) The respondent's registration as a medical practitioner be suspended for a period of five months, such period to commence seven days after the date of this order. (2) The respondent is reprimanded for his conduct in the practise of medicine in relation to each of the complaints made by the Health Care Complaints Commission against him. (3) The following conditions are imposed upon the respondent's registration. Such conditions are to be permanently attached to his registration and may only be varied by the Tribunal or the Medical Council of New South Wales. The Medical Council is to have the responsibility of overseeing the operation of the conditions and the compliance with same. 1. To not undertake any treatment that involves cryotherapy, cautery, suturing, laser treatment or the cutting of the skin for biopsy or excision. This includes any procedure not listed above that breaks the integrity of the skin. The practitioner can administer immunisations. 2. To treat no more than 30 patients in any one day. 3. To practise no more than 5 days per week. 4. To practise only in a group practice approved by the Medical Council of New South Wales where there is at least one other registered medical practitioner (excluding the subject practitioner) and where there is always one other registered medical practitioner on site. 5. To practise under category B supervision in accordance with the Medical Council of New South Wales' "Compliance Policy – Supervision" (as varied from time to time) and as subsequently determined by the appropriate review body. The appropriate review body is the Medical Council of New South Wales. a. The Council-approved supervisor must have Specialist General Practitioner registration. b. The terms of the Medical Council's "Compliance Policy – Supervision" are varied so that supervision reports are to be provided to the Medical Council on a monthly basis for the first three months and then every three months. c. At each supervision meeting, which is to take place monthly for three months from the date hereof and then every three months, the practitioner is to review and discuss his practice with his approved supervisor with particular focus on: i. Communication with patients. ii. Clinical performance. iii. Medical records reviews. d. To authorise the Medical Council to provide the proposed and approved supervisor(s) with a copy of the written decision which led to the imposition of this condition. e. Not to practise until a supervisor has been approved by the Medical Council. 6. To submit to audits of his medical practice, by a person or persons nominated by the Medical Council of New South Wales and: a. The audits are to be held as required by the Medical Council. b. The auditor(s) is to examine and assess the following aspects of his practice including: i. Infection control standards. ii. Medical records to assess his compliance with good medical record keeping standards and legislative requirements and compliance with conditions. iii. Inspection of facilities. c. To authorise the auditor(s) to provide the Medical Council with a report on their findings. d. To meet all costs associated with the audits and reports. 7. To authorise and consent to any exchange of information between the Medical Council of New South Wales and Medicare Australia for the purpose of monitoring compliance with these conditions. 8. To attend for treatment by a general practitioner of his choice. The frequency of treatment is to be determined by the treating practitioner. The practitioner: a. is to authorise the treating practitioner to inform the Medical Council of New South Wales of any of the following: i. Failure to attend for treatment. ii. Termination of treatment. iii. A significant change in health status (including a significant temporary change). b. must provide the Medical Council with the professional details of the treating practitioner. 9. To attend for treatment by a psychologist of his choice. The frequency of treatment is to be determined by the treating practitioner. The practitioner: a. is to authorise the treating practitioner to inform the Medical Council of New South Wales of any of the following: i. Failure to attend for treatment. ii. Termination of treatment. iii. A significant change in health status (including a significant temporary change). b. must provide the Medical Council with the professional details of the treating practitioner. (4) The respondent is to pay the costs of the Health Care Complaints Commission in the sum of $39,073.32. Such costs are to be paid within 28 days of the date of this order, or such later time as the respondent may negotiate with the HCCC. Catchwords: HEALTH — professional registration and discipline — unsatisfactory professional conduct — professional misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Sullivan v Civil Aviation Authority (2014) 226 FCR 555; [2014] FCAFC 93 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Falah Sharrad (Respondent) Representation: Counsel: S Maybury (Applicant) M Hutchings (Respondent)