Health Care Complaints Commission v FTE [2023] NSWCATOD 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v FTE [2023] NSWCATOD 30 Hearing dates: 20 February 2023 Date of orders: 17 March 2023 Decision date: 17 March 2023 Jurisdiction: Occupational Division Before: The Hon G Watts AM ADCJ, Principal Member Prof K Wilhelm AM, Senior Member Prof J Saunders, Senior Member D Telford, General Member Decision: (1) Pursuant to s 149C(1) of the National Law the Respondent's registration is cancelled. (2) Under s 149C(7) of the National Law an application for review of order 1 may not be made until after the expiration of two years from the date of order 1. (3) Pursuant to s 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013 (NSW), an order is made prohibiting the publication of the name of the Respondent. (4) The Respondent pay the Applicant's costs as agreed or assessed. Catchwords: OCCUPATIONS – medical practitioners – misconduct and discipline – where the practitioner is guilty of unsatisfactory professional conduct because he breached a critical impairment condition of his registration when he consumed an illicit substance – where the practitioner was guilty of unsatisfactory professional conduct when he breached a condition of his registration when he self-prescribed medications – where taken together these breaches are of a sufficiently serious nature to justify suspension or cancellation of the practitioner's registration and accordingly the practitioner is guilty of professional misconduct – where the practitioner currently has an impairment within the meaning of s 5 of the National Law – where the practitioner is not competent to practise as a medical practitioner – where it is appropriate to cancel the practitioner's registration with a non-review period of two years – where an application for an adjournment is refused – where an order is made prohibiting the publication of the practitioner's name Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 3, 4, 36, 64 Crimes (Sentencing Procedure) Act 1999 (NSW), s 10(1)(a) Drug Misuse and Trafficking Act 1985 (NSW), s 10 Health Practitioner Regulation National Law (NSW), ss 3, 3A, 5, 11(1), 139(a), 139B(1)(c), 139E, 144, 149A, 149C, 150FA(2), 165, 165B, Sch 5D cll 7(1)(b)(iv), 13 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr CRF [2016] NSWCATOD 120 Health Care Complaints Commission v XC [2015] NSWCATOD 9 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Texts Cited: American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders: DSM-5 (5th ed, 2013, American Psychiatric Association Publishing) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) FTE (Respondent) Representation: Counsel: P Lowson (Applicant)