Health Care Complaints Commission v Martin [2022] NSWCATOD 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Martin [2022] NSWCATOD 33 Hearing dates: 15 – 17 December 2021; 8 March 2022; final submissions received 9 March 2022 Date of orders: 15 March 2022 Decision date: 15 March 2022 Jurisdiction: Occupational Division Before: The Hon D A Cowdroy AO QC ADCJ, Principal Member Dr H Haikal-Mukhtar, Senior Member Dr K Keenan, Senior Member Honorary Associate Prof P Macneill, General Member Decision: (1) Pursuant to s 149C(1) of the National Law, the registration of the Respondent as a health practitioner be suspended for a period of 6 months from the date of these orders. (2) The Respondent pay the costs of these proceedings as provided by clause 13 of the Schedule 5D of the National Law. (3) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013, an order is made prohibiting the disclosure to any person or entity of the name of patient A. Catchwords: HEALTH – professional registration and discipline – medical practitioner prescribing Schedule 8 drugs inappropriately and in absence of recorded justification – failing to make complete clinical records of consultations – forming personal sexual relationship with patient – practitioner continuing to act as practitioner to the patient for many years following cessation of their intimate relationship – disciplinary sanction Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Bahramy v Medical Council of NSW [2014] NSWCATOD 116 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Council of the New South Wales Bar Association v EFA (a pseudonym) [2021] NSWCA 339 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Chen [2016] NSWCATOD 144 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Echano [2018] NSWCATOD 30 Health Care Complaints Commission v Khan (No. 2) [2019] NSWCATOD 37 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Latoudis v Casey [1990] HCA 59 Prakash v Healthcare Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Roberts v Medical Council of New South Wales [2015] NSWCATOD 35 Spicer v New South Wales Medical Board & Ors (unreported, NSW Court of Appeal, CA 3 of 1981, 19 February 1981) Ziems v Prothonotary of the Supreme Court of NSW [1957] HCA 46 Texts Cited: Medical Board of Australia, Guidelines: Sexual Boundaries in the Doctor-Patient Relationship (December 2018) New South Wales Medical Board, Code of Professional Conduct – Good Medical Practice (July 2005) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Paul Coghlan Martin (Respondent) Representation: Counsel: D Pace (Applicant) P Aitken (Respondent)