Health Care Complaints Commission v Chit Swe [2022] NSWCATOD 184

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chit Swe [2022] NSWCATOD 184 Hearing dates: 22 – 24 August 2022 Date of orders: 22 December 2022 Decision date: 22 December 2022 Jurisdiction: Occupational Division Before: J Stevenson ADCJ, Principal Member Dr J Aitken, Senior Member Dr S Patel, Senior Member D Telford, General Member Decision: 1. The Tribunal finds the Respondent guilty of unsatisfactory professional conduct. 2. The Tribunal finds the Respondent guilty of professional misconduct. 3. The Tribunal dismisses the Complaint that the Respondent is not competent to practise a health profession. 4. The registration of the Respondent is suspended for a period of nine (9) months from the date of these orders. 5. The registration of Respondent is subject to the following conditions: (a) To undertake and pass a recognised English language skills test in accordance with the AHPRA English language skills registration standard for medical practitioners. (b) To practise no more than 35 hours per week with no more than 8 hours in any 24 hour period and to work no later than 7pm on any day. (c) To treat no more than 30 patients in any one day. (d) 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. (e) The terms of the Council's Compliance Policy are varied to require the practitioner to: (i) meet with the approved supervisor on a fortnightly basis for the first 3 months , thereafter on a monthly basis for a minimum period of 1 hour (ii) authorise the Council-approved supervisor to forward reports to the Council (in a Council-approved format) every month (iii) at each supervision meeting the practitioner is to review and discuss her practice with her approved supervisor with focus on: • Investigations • Management/Advice/Safety Netting • Prescribing • Medical records(content) (f) The practitioner is to complete a total of 8 observation sessions with the Council-approved supervisor within the first 2 months of supervision. A session is a period of one hour. The sessions must be undertaken in addition to the supervision meetings and include: (i) Initially, the practitioner is to spend 4 sessions observing the supervisor conduct consultations with his/her patients. The supervisor is to then spend 4 sessions observing the practitioner conduct patient consultations with her patients. Details regarding the observations are to be recorded in the supervision reports (g) To authorise the Medical Council of NSW to provide proposed and approved supervisors with a copy of the decision that imposed these conditions. (h) 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. 6. These conditions may be altered, varied or removed by the Medical Council of NSW and the Medical Council is the appropriate review body for the purposes of Division 8 of the Health Practitioner Regulation National Law (NSW). 7. However, sections 125 to 127 of the Health Practitioner Regulation National Law are to apply whilst the Respondent's principal place of residence is anywhere in Australia other than in New South Wales, so that a review of these conditions may be conducted by the Medical Board of Australia. 8.The Respondent will pay the Applicant's costs of these proceedings as agreed or taxed. Catchwords: HEALTH – unsatisfactory professional conduct – professional misconduct – where practitioner breached conditions on registration – competence to practise a health profession Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] 95 NSWLR 334 Qasm v Health Care Complaints Commission [2015] NSWCA 82 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Merle Chit Swe (Respondent) Representation: Counsel: N Evans (Applicant) C Jackson (Respondent)