Health Care Complaints Commission v Phillipson (No 2) [2021] NSWCATOD 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Phillipson (No 2) [2021] NSWCATOD 144 Hearing dates: 3 August 2021 18 August 2021 Written Submissions Date of orders: 16 September 2021 Decision date: 16 September 2021 Jurisdiction: Occupational Division Before: Balla ADCJ, Principal Member Dr K Smartt, Senior Member Dr G Heron, Senior Member Ms D Telford, General Member Decision: (1) Dr Phillipson is reprimanded. (2) The following conditions are placed on Dr Phillipson's registration: (a) To obtain Medical Council of NSW approval prior to changing the nature or place of her practice. (b) To practise no more than 30 hours per week with no more than 6 hours in any 24 hour period. (c) To treat no more than 4 patients in any one hour, unless the treatment provided is administering COVID-19 vaccinations. (d) Not to undertake GP shared ante-natal care. (e) To submit to an audit of her medical practice, by a random selection of her medical records by a person or persons nominated by the Medical Council of NSW and: (i) The audit is to be held by 31 May 2022 and subsequently as required by the Council. (ii) The auditor(s) is to assess her compliance with good medical record keeping standards, legislative requirements and conditions on her registration. (iii) Dr Phillipson is to authorise the auditor(s) to provide the Council with a report on their findings. (iv) Dr Phillipson is to meet all costs associated with the audit(s) and any subsequent reports. (3) 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. (4) The appropriate review body for the purpose of a review under s 163 – 163C of the Health Practitioner Regulation National Law (NSW) is the Medical Council of NSW when Dr Phillipson has a principal place of practice in NSW. (5) Sections 125 and 127 of the Health Practitioner Regulation National Law (NSW) are to apply while Dr Phillipson's principal place of residence is anywhere in Australia other than NSW, so that a review of these conditions can be conducted by the Medical Board of Australia. Catchwords: OCCUPATIONS - Medical practitioners - Misconduct and discipline - Stage 2 Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 3, 3A, 149A, 149B Cases Cited: Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Phillipson [2021] NSWCATOD 26 In Health Care Complaints Commission v Do [2014] NSWCA 307 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Sharron Phillipson (Respondent) Representation: Counsel: Mr D Fuller (Applicant) Ms R Mathur (Respondent)