Health Care Complaints Commission v Alexakis [2023] NSWCATOD 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Alexakis [2023] NSWCATOD 99 Hearing dates: 11 – 14 July 2022; 18 – 22 July 2022; 5 – 6 September 2022; 2 December 2022 Date of orders: 10 July 2023 Decision date: 10 July 2023 Jurisdiction: Occupational Division Before: I Coleman SC ADCJ, Principal Member Dr H Haikal-Mukhtar, Senior Member Dr D King, Senior Member R Wellington, General Member Decision: (1) The Practitioner is guilty of unsatisfactory professional conduct. (2) The Practitioner is guilty of professional misconduct. (3) The proceedings are to be listed for hearing to determine the orders which are necessary to protect the health and safety of the public. Catchwords: OCCUPATIONS – medical practitioners – misconduct and discipline – professional misconduct – unsatisfactory professional conduct – whether two or more instances of unsatisfactory professional conduct justifies finding of professional misconduct – where practitioner overprescribed opioids – where practitioner failed to maintain adequate medical records – whether practitioner failed to observe proper professional boundaries – where practitioner frequently contacted patient's treating medical practitioners in hospital to advocate for patient – where practitioner introduced private solicitor to patient to prepare patient's will – where practitioner conducted almost daily home visits to patient after discharge from hospital – where practitioner financially benefitted by being named as beneficiary in patient's will Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64 Health Care Complaints Act 1993 (NSW), ss 39(2), 90B(3) Health Practitioner Regulation National Law (NSW), ss 139B, 139E, 145A Health Practitioner Regulation (NSW) Regulation 2016, reg 6(1), Sch 4 cll 1(4)(f), 3(2) Cases Cited: Banks v Goodfellow (1869-70) LR 5; [1870] QB 549 Bradshaw v McEwans Pty Limited (1951) 217 ALR 1 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Carr v Homersham (2018) 97 NSWLR 328; [2018] NSWCA 65 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21 Deputy Commissioner of Taxation (Cth) v Lincoln Industrial Cleaners Pty Ltd [1975] 2 NSWLR 499; (1975) 7 ALR 118 Dwyer v Calco Timbers Pty Ltd (2008) 234 CLR 124; [2008] HCA 13 Hampshire v Health Care Complaints Commission [2021] NSWCA 283 Health Care Complaints Commission v Cleary [2021] NSWCATOD 213 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Javaheri [2022] NSWCATOD 162 Health Care Complaints Commission v Khalighimonfared [2022] NSWCATOD 78 Health Care Complaints Commission v Little [2016] NSWCATOD 146 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Health Care Complaints Commission v Ross [2019] NSWCATOD 153 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 HG v The Queen (1999) 197 CLR 414; [1999] HCA 2 Hinch v Macquarie Broadcasting Holdings Limited v Attorney General (Vic) (1987) 164 CLR 15; [1987] HCA 56 King v Health Care Complaints Commission [2011] NSWCA 353 Luxton v Vines (1952) 85 CLR 352; [1952] HCA 19 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Marshall v Prescott [2015] NSWCA 110 New South Wales Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury (2014) 242 IR 318; [2014] NSWCA 112 R v Byrnes & Hopwood (1995) 183 CLR 501; [1995] HCA 1 Singer v Berghouse (1994) 181 CLR 201; [1994] HCA 40 Tillmans Butcheries Pty Ltd v Australasian Meat Industry Employees' Union (1979) 42 FLR 331; [1979] FCA 132 Texts Cited: Medical Board of Australia, Good Medical Practice: a code of conduct for doctors in Australia, March 2014 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Peter Alexakis (Respondent) Representation: Counsel: P Lowson (Applicant) L Ellison SC (Respondent) L Fernandez (Respondent, junior counsel)