Health Care Complaints Commission v Dr Geoffrey Samuel AU [2023] NSWCATOD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Geoffrey Samuel AU [2023] NSWCATOD 14 Hearing dates: 18 - 19 August 2022 28 - 29 November 2022 Date of orders: 8 February 2023 Decision date: 08 February 2023 Jurisdiction: Occupational Division Before: The Hon A Ainslie-Wallace ADCJ, Principal Member Dr G Yeo, Senior Member Dr H Mukhtar, Senior Member J Houen, General Member Decision: (1) Pursuant to section 149C(l)(b) of the Health Practitioner Regulation National Law, the Tribunal suspends the respondent's registration for a period of 6 months from the date of this decision. (2) The Respondent's registration is subject to the following practice conditions: (a) To obtain Medical Council of NSW approval prior to changing the nature or place of his practice. (b) Not to possess, supply, administer or prescribe any 'drug of addiction' (Schedule 8 drug) as defined by the Poisons and Therapeutic Goods Act 1966 (NSW). (c) Not to possess, supply, administer or prescribe any Schedule 4 drug listed in Appendix D to the Poisons and Therapeutic Goods Regulation 2008 (NSW). (d) To practise under category B supervision in accordance with the Medical Council of NSW's Compliance Policy – Supervision (as varied from time time) and as subsequently determined by the appropriate review body. (i) At each supervision meeting the practitioner is to review and discuss his practice with his approved supervisor with particular focus on: (A) Problem Definition/Diagnosis (B) Management/Advice/ Safety netting (C) Prescribing (D) Medical Records (ii) To authorise the Medical Council of NSW to provide proposed and approved supervisors with a copy of the decision which imposed these conditions (e) Not to practise until a supervisor has been approved by the Medical Council of NSW. (f) 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. (i) The Audit is to be held within 3 months from the date of decision and subsequently as required by the Council. (ii) The auditor(s) is to assess his compliance with good medical record keeping standards and legislative requirements. (iii) To authorise the auditor(s) to provide the Council with a report of their findings. (iv) The practitioner is responsible for any costs arising out of compliance with the audit and any subsequent audits and reports. (g) To authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia and Pharmaceutical Regulatory Unit for the purpose of monitoring compliance with these conditions. (3) The appropriate review body for the purpose of a review under section 163 - 163C of the Health Practitioner Regulation National Law is the Medical Council of NSW when the respondent has a principal place of practice in NSW. (4) Sections 125 and 127 of the Health Practitioner Regulation National Law are to apply while the respondent's principal place of practice is anywhere in Australia other than NSW, so that a review of these conditions can be conducted by the Medical Board of Australia (5) The respondent is to pay the costs of the applicant, the Health Care Complaints Commission, as agreed or assessed. (6) The non-disclosure order made on 18 March 2022 pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act (NSW) prohibiting the disclosure of the name of the patient, referred to as Patient A in these reasons, is continued and the non-disclosure order made on 19 August 2022 pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act (NSW) prohibiting the disclosure of the name of the patient, referred in the material before the Tribunal as Patient B, is continued. Catchwords: PROFESSIONS AND TRADES – health care professionals – medical practitioners – disciplinary action –prescribing drugs of addiction to drug addicted person – Professional Misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation (NSW) 2016 Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Briginshaw v Briginshaw (1983) 60 CLR 336 Gautaum v HCCC [2021] NSWCA 85 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Sare [2018] NSWCATOD 190 Pillai v Messiter (1989) 16 NSWLR 197 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Geoffrey Samuel Au (Respondent) Representation: Counsel: E Bayley (Applicant) C Coventry (Respondent)