Health Care Complaints Commission v Morsingh [2023] NSWCATOD 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Morsingh [2023] NSWCATOD 118 Hearing dates: 19 – 21 July 2023 Date of orders: 04 August 2023 Decision date: 04 August 2023 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr S Cowap, Senior Member Dr J Fogarty, Senior Member D Telford, General Member Decision: (1) Complaint 1.2 is not proven. (2) Complaint 1.3 is not proven. (3) Complaint 1.4 is proven in respect of the failure to obtain an authority to prescribe alprazolam to Patient A between April 2019 and November 2019. (4) Complaint 1.4 is not proven in respect to the failure to obtain an authority to prescribe oxycodone to Patient A. (5) Complaint 1.5 is not proven. (6) Complaint 1.6(d) is not proven. (7) Complaint 1.7 is not proven. (8) Complaint 1.8 is proven. (9) Complaint 1.9 is proven. (10) Complaint 1.10(a) is not proven. (11) Complaint 1.10(b) and (c) are not proven. (12) Complaint 1.11(a), (b) and (c) are not proven. (13) Complaint 1.11(d) is not proven. (14) Complaint 1.12 is proven. (15) Complaint 1.13 is proven. (16) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), publication of the medical history of any patient in evidence before the Tribunal is prohibited. Catchwords: OCCUPATIONS – medical practitioners – professional registration and discipline – unsatisfactory professional conduct – professional misconduct – prescription of restricted substances and drugs of addiction – whether conduct that demonstrates knowledge, skill or judgment possessed, or care exercised, by practitioner is significantly below standard reasonably expected Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64 Health Practitioner Regulation National Law (NSW), ss 3A, 139B(1)(a), 139E, 149A, 149C Poisons and Therapeutic Goods Act 1966 (NSW), ss 8, 27, 28 Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576; [1994] FCA 293 Dare v Pulham (1982) 148 CLR 658; [1982] HCA 70 Health Care Complaints Commission v Brittain [2019] NSWCATOD 161 Health Care Complaints Commission v Qadri [2017] NSWCATOD 155 King v Health Care Complaints Commission [2011] NSWCA 353 O'Reilly v Law Society of NSW (1988) 24 NSWLR 204 Texts Cited: Good Medical Practice: A Code of Conduct for Doctors in Australia (Medical Board of Australia, March 2014) Prescribing drugs of dependence in general practice, Part C2: The role of opioids in pain management (Royal Australian College of General Practitioners, October 2017) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Raymond Morsingh (Respondent) Representation: Counsel: S McCarthy (Applicant) A Rizk (Respondent)