Health Care Complaints Commission v Godwin [2022] NSWCATOD 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Godwin [2022] NSWCATOD 17 Hearing dates: 6 and 7 December 2021 Date of orders: 11 February 2022 Decision date: 11 February 2022 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr G Yeo, Senior Member Dr J Aitken, Senior Member D Telford, General Member Decision: 1. Dr Godwin is reprimanded under s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW). 2. Dr Godwin's registration as a health practitioner is suspended for six months from 26 February 2022. 3. Dr Godwin is to pay the Health Care Complaints Commission's costs as agreed. If agreement is not reached, costs are to be assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH — professional registration and discipline — professional misconduct — where medical practitioner convicted of aiding and abetting suicide of his terminally ill partner – where medical practitioner misled police about the extent of his involvement in the suicide – where medical practitioner provided care and treatment to partner – where medical practitioner's clinical records were inadequate - whether conduct amounts to professional misconduct – appropriate orders Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Health Practitioner Regulation (New South Wales) Regulation 2010 (repealed) Cases Cited: Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630; [1997] NSWSC 297 Health Care Complaints Commission v Chen [2017] NSWCA 186 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Health Care Complaints Commission v Dr Denise Perroux [2011] NSWDC 99 Health Care Complaints Commission v Dr Maendel [2013] NSWMT 3 Health Care Complaints Commission v Quan [2018] NSWCATOD 111 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Texts Cited: Medical Board of Australia, Code of Conduct (Good Medical Practice: A Code of Conduct for Doctors in Australia, 2014) Medical Council of NSW, "Guideline for self-treatment and treating family members", 2 December 2014 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Rowan Godwin (Respondent) Representation: Counsel: A Horvath SC P Dwyer (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Avant Insurance (Respondent) File Number(s): 2021/00166343 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the name of Patient A is prohibited.