Health Care Complaints Commission v Dobie (No 2) [2022] NSWCATOD 153

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dobie (No 2) [2022] NSWCATOD 153 Hearing dates: 25 March 2022 Date of orders: 24 November 2022 Decision date: 24 November 2022 Jurisdiction: Occupational Division Before: The Hon T Sheahan ADCJ, Principal Member Dr S Cowap, Senior Member Dr H Haikal-Mukhtar, Senior Member R Kusuma, General Member Decision: (1) The respondent Dr Peter Richard Dobie be reprimanded and his registration suspended for a period of twelve (12) months, pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW); (2) If and when the respondent Dr Peter Richard Dobie resumes practice after such a period of twelve months, he must practise subject to the following conditions, imposed pursuant to s 149A(1)(b): 1. To practise under category B supervision in accordance with the Medical Council of NSW's Compliance Policy – Supervision (as varied from time to time) and as subsequently determined by the appropriate review body: (a) The terms of the Council's Compliance Policy – Supervision are varied to require the practitioner to authorise the Council-approved supervisor to forward reports to the Council (in a Council-approved format) on a monthly basis; (b) At each supervision meeting, the practitioner is to review and discuss his practice with his approved supervisor with particular focus on: - History taking; - Physical examinations; - Clinically appropriate investigations; - Clinical judgment; - Patient management strategies; - Medical record keeping; - Informed consent; - Patient follow up/ Patient clinical handover; - Appropriate prescribing practices; - To regularly review and discuss randomly selected clinical notes from patients in mainstream medical practice and in integrative medical practice; (c) To authorise the Medical Council of NSW to provide proposed and approved supervisors with a copy of the decision which imposed this condition. 2. To submit to an audit of his medical practice, by a random selection of his medical records by a person or persons nominated by the Medical Council of NSW and: (a) The audit is to be held within six (6) months from the end of the suspension imposed by these Orders, and subsequently as required by the Council; (b) The auditor(s) is to assess his compliance with good medical record keeping standards and legislative requirements and compliance with conditions. The auditor(s) should pay particular attention to: - Prescribing; - The matters set out in condition (1)(b) above; - Assessment, treatment and management of patients with Lyme Disease; (c) To authorise the auditor(s) to provide the Council with a report on their findings; (d) 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. These conditions are to be monitored by the Medical Council of NSW, which is the appropriate review body for the purposes of Part 8, Division 8 of the Health Practitioner Regulation National Law (NSW), and: (a) Will be responsible for monitoring Dr Dobie's compliance with them; and (b) Will have the power to vary them, and/or impose such further conditions, as it considers necessary to ensure Dr Dobie's practice is safe for the public. (3) The respondent pay the applicant's costs of these proceedings as agreed or assessed. Catchwords: HEALTH — Professional registration and discipline — finding of professional misconduct – protective orders – cancellation or suspension of registration –reprimand – conditions – costs Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186, 95 NSWLR 334 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dobie [2021] NSWCATOD 195 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Peter Richard Dobie (Respondent) Representation: Counsel: P Aitken (Applicant) C Jackson (Respondent)