Health Care Complaints Commission v Hart [2021] NSWCATOD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hart [2021] NSWCATOD 36 Hearing dates: 1 – 4 February 2021 Date of orders: 08 April 2021 Decision date: 08 April 2021 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr M Hooper, Senior Member Dr J Aitken, Senior Member J Barker, General Member Decision: (1) In relation to the application for disciplinary findings and orders made on 21 October 2019, we find the subject matter of the complaints to have been admitted or proved apart from: 1. Complaint 5, particular 1(d) and Complaint 23, particular 1(e); and 2. Complaint 6, particular 1(e) and particular 2. (2) In relation to the application for disciplinary findings and orders made on 16 April 2020, we find the subject matter of the complaints to have been admitted or proved apart from: 1. that part of Complaint One, particular 1(a) relating to pathology tests other than for heat shock proteins, copper, zinc, sex hormone levels, insulin, leptin and PTH; 2. Complaint One, particular 1(b); and 3. Complaint One, particular 1(f). Catchwords: HEALTH — professional registration and discipline — professional misconduct — where general practitioner prescribed peptides over the internet without a therapeutic purpose — where general practitioner applied anti-aging protocols to elderly patient with dementia Legislation Cited: Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Health Practitioner Regulation (New South Wales) Regulation 2010 (NSW) (repealed) Health Practitioner Regulation (New South Wales) Regulation 2016 (NSW) Cases Cited: Attia v Health Care Complaints Commission [2017] NSWSC 1066 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Texts Cited: Medical Board of Australia, "Good Medical Practice: A Code of Conduct for Doctors in Australia" (March 2014) Medical Council of New South Wales, "Guideline for self-treatment and treating family members" (2 December 2014) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) John Hart (Respondent) Representation: Counsel: A Horvath (Applicant) P Griffin SC (Respondent)