Health Care Complaints Commission v McKay [2022] NSWCATOD 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v McKay [2022] NSWCATOD 95 Hearing dates: 10 - 12 August 2022 Date of orders: 26 August 2022 Decision date: 26 August 2022 Jurisdiction: Occupational Division Before: Balla ADCJ, Principal Member Dr C Newberry, Senior Member Dr I Faragher, Senior Member D Telford, General Member Decision: (1) Pursuant to section 149C of the Health Practitioner Regulation National Law (NSW), Dr McKay's registration is suspended for three months from the date of these orders. (2) Dr McKay is to pay the costs of the Health Care Complaints Commission pursuant to Clause 13, Schedule 5D of the Health Practitioner Regulation National Law, as agreed or assessed. Catchwords: OCCUPATIONS - Medical practitioners - Misconduct and discipline - Unsatisfactory professional conduct - Improper or unethical conduct - Professional misconduct - Protective orders Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 3A, 139B (1)(l), 139E, 149A, 149B, 149C,150, 150A Health Care Complaints Act 1993 (NSW), s 90B(1) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v NSW Bar Association (1960) 104 CLR 186 Health Care Complaints Commission v Chahoud [2022] NSWCATOD 36 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25 Health Care Complaints Commission v Selim [2021] NSWCATOD 27 Lee v Health Care Complaints Commission [2012] NSWCA 80 Parker v Comptroller of Customs (2009) 83 ALJR 494 Prakash v Health Care Complaints Commission [2006] NSWCA 153 R v Byrne (1995) 193 CLR 501 Texts Cited: Clinical Excellence Commission, 2014,"Open Disclosure Handbook" Medical Board of Australia "Good Medical Practice: A Code of Conduct for Doctors in Australia" March 2014 Royal Australasian College of Surgeons' Position Paper "Guideline for Open Disclosure" February 2015 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Gary Donald McKay (Respondent) Representation: Counsel: A T Britt (Applicant) P J Griffin SC (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Moray & Agnew (Respondent) File Number(s): 2020/00203092 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) the publication by any person or entity of the name of the person set out in the Schedule to the Application (described as patient A in these Reasons) is prohibited