Health Care Complaints Commission v Mikhail [2021] NSWCATOD 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Mikhail [2021] NSWCATOD 103 Hearing dates: 24-25 March 2021 Date of orders: 29 July 2021 Decision date: 29 July 2021 Jurisdiction: Occupational Division Before: Armstrong J, President Dr J Aitken, Senior Member Dr K Keenan, Senior Member D Telford, General Member Decision: The Tribunal makes the following orders, consequent upon its findings of unsatisfactory professional conduct and professional misconduct: (1) Pursuant to s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW), Dr Evette Mikhail is reprimanded. (2) Pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW), the registration of Dr Evette Mikhail as a medical practitioner is suspended for a period of 9 months commencing 21 days after the date of these orders. (3) Pursuant to s 149A(1)(b) of the Health Practitioner Regulation National Law (NSW), on the expiration of Dr Evette Mikhail's suspension, her registration shall be subject to the conditions set out in the Schedule headed "Health Care Complaints Commission v Dr Mikhail – Conditions". (4) The Council is the appropriate review body for the purposes of Division 8 of Part 8 of the Health Practitioner Regulation National Law (NSW). (5) Dr Evette Mikhail is to pay the costs of the Health Care Complaints Commission as agreed, or if not agreed, as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: OCCUPATIONS — medical practitioners — misconduct and discipline — professional misconduct – conditions on registration – breach of supervision condition – false or misleading communications – prescribing medications to family members and self – whether unsatisfactory professional conduct – whether professional misconduct – protective orders – suspension of registration – conditions imposed on registration – whether supervision condition suitable as critical compliance condition – costs order made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Application Act 2014 (NSW) Therapeutic Goods Act 1989 (Cth) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2018] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 Dental Council of NSW v Stewart [2018] NSWCATOD 135 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Grove v Flavel (1986) 43 SASR 410 Health Care Complaints Commission v Chowdhury [2015] NSWCATOD 65 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Saeid Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Karalasingham [2019] NSWCATOD 23 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Reid [2018] NSWCATOD 162 Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25 In Re Dr Ian McHue [2007] NSWMT 11 Jan v Health Care Complaints Commission [2021] NSWSC 350 Parker v Comptroller of Customs [2009] HCA 7 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Re Dr Tan Thanh Le [2001] NSWMT, 20 September 2001 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Sullivan v Civil Aviation Authority (2014) 226 FCR 555 The Queen v Byrnes (1995) 183 CLR 501 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Evette Mikhail (Respondent) Representation: Counsel: S Barnes (Respondent)