Health Care Complaints Commission v Ghosh [2021] NSWCATOD 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ghosh [2021] NSWCATOD 162 Hearing dates: 17- 21 May 2021, 1 July 2021 Date of orders: 13 October 2021 Decision date: 13 October 2021 Jurisdiction: Occupational Division Before: Balla ADCJ, Principal Member at [1] Dr G Yeo, Senior Member at [1] Dr C Berglund, General Member at [1] Prof P Morris AM, Senior Member at [523] Decision: The Tribunal orders: (1) Pursuant to s 149C(1)(a) and (b) and s 149C(4) of the Health Practitioner Regulation National Law (NSW) (National Law), the registration of Dr Ghosh, if she were still registered, is cancelled, (2) Pursuant to s 149C(7) of the National Law, Dr Ghosh cannot seek a review of the Orders made by the Tribunal for a period three years from the date hereof. (3) Pursuant to s 163 of the National Law, the Tribunal is the appropriate review body for any review of these Orders. (4) Dr Ghosh pay the applicant's costs as agreed or assessed. Catchwords: OCCUPATIONS - Medical practitioners - Misconduct and discipline - Unsatisfactory professional conduct - Professional misconduct – Impairment - Competence Legislation Cited: Health Care Complaints Act 1993 (NSW), s 34A Health Practitioner Regulation National Law (NSW), ss 3A, 5, 139, 139B, 139E, 149A, 149B, 149C, 150, 150A, 163, sch 5D cl 7 Health Practitioner Regulation (NSW) Regulation 2010, cll 3, 7, Sch 2 Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW), cll 34, 38 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Ghosh v Medical Council of New South Wales (2020) 102 NSWLR 303; [2020] NSWCA 122 Ghosh v Medical Council of NSW [2018] NSWCATOD 186 at [41] Grant v Health Care Complaints Commission [2003] NSWCA 73 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Sare [2018] NSWCATOD 190 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Texts Cited: American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (5th ed, 2013) AMH Pty Ltd, Australian Medicines Handbook (2020) Australian Technical Advisory Group on Immunisation (ATAGI), Australian Immunisation Handbook (2018) Department of Health, Medicare Benefits Schedule (2021) Medical Board of Australia's, Good Medical Practice: A Code of Conduct for Doctors in Australia (2011). Medical Board of Australia's, Good Medical Practice: A Code of Conduct for Doctors in Australia (March 2014). Medical Council of NSW, Guideline for self-treatment and treating family members (October 2011) Medical Council of NSW, Guideline for self-treatment and treating family members (December 2014) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ratna Ghosh (Respondent) Representation: Counsel: A Britt (Applicant) C Jackson (Respondent)