Health Care Complaints Commission v Richards [2023] NSWCATOD 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Richards [2023] NSWCATOD 119 Hearing dates: 4 May 2023; 28 July 2023 Date of orders: 15 August 2023 Decision date: 15 August 2023 Jurisdiction: Occupational Division Before: The Hon Le Poer Trench ADCJ, Principal Member Dr L Cotterell, Senior Member Dr S Fergusson, Senior Member J Barker, General Member Decision: (1) The Respondent is found to be guilty of both unsatisfactory professional conduct and professional misconduct. (2) The Respondent is reprimanded. (3) There is imposed on the Respondent's registration as a medical practitioner the following conditions: 1. To obtain Medical Council of NSW approval prior to changing the nature or place of his practice. 2. Not to undertake solo medical practice. 3. To practise only in a group practice approved by the Medical Council of NSW where there are at least 2 practitioners (excluding the subject practitioner): a. Where the practitioner must not be an owner or stakeholder in the ownership of the practice. b. Where the patients and patient records are shared between the medical practitioners. c. Which is an accredited practice. 4. 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. a. At each supervision meeting the practitioner is to: i. review and discuss his practice with his approved supervisor with particular focus on: Medical records Prescribing Sources of evidence for clinical decisions Clinical decision making and planning Standard of referral letters Vaccination Differential diagnosis History taking Physical examination Investigations Safety netting/review b. In addition to the supervision meetings the practitioner must undertake fortnightly observation sessions with the Council approved supervisor for at least one hour duration. The observation sessions are to occur on alternating weeks to supervision meetings, and will alternate between: i. The supervisor observing the practitioner conduct at least 3 patient consultations ii. And the practitioner observing the supervisor conduct at least 3 patient consultations iii. The details and feedback about the observation sessions are to be included in supervision reports. c. Not to practise until a supervisor has been approved by the Medical Council of NSW. 5. 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. To undergo a performance assessment. 7. The appropriate review body for the purpose of a review under section 163C of the Health Practitioner Regulation National Law (NSW) is the Medical Council of NSW when the practitioner has a principal place of practice in NSW. 8. Sections 125 and 127 of the Health Practitioner Regulation National Law are to apply while the practitioner'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. (4) The Respondent is to pay the costs of the HCCC for this proceeding, such costs to be as agreed or as assessed. (5) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the name of any patient referred to in the proceeding is prohibited. Catchwords: OCCUPATIONS – medical practitioners – misconduct and discipline – unsatisfactory professional conduct – professional misconduct – appropriate protective orders – practitioner reprimanded –practice conditions imposed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64 Health Practitioner Regulation National Law (NSW), ss 3, 3A, 3B, 125, 127, 130, 139B, 149-149E, 150, 163C Cases Cited: Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Clyne v New South Wales Bar Association (1960) 104 CLR 186; [1960] HCA 40 HCCC v Pierce [2010] NSWNMT 23 Health Care Complaints Commission v Aref [2018] NSWCATOD 133 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dowla (No 2) [2019] NSWCATOD 156 Health Care Complaints Commission v Dunstan [2018] NSWCATOD 102 Health Care Complaints Commission v Jung [2018] NSWCATOD 53 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWSC 29 Health Care Complaints Commission v Lord [2019] NSWCATOD 182 Health Care Complaints Commission v Marsh [2016] NSWCATOD 155 Health Care Complaints Commission v Moulds [2010] NSWNMT 1 Health Care Complaints Commission v Perera [2018] NSWCATOD 112 Health Care Complaints Commission v Russ [2021] NSWCATOD 5 Lee v Health Care Complaints Commission [2012] NSWCA 80 New South Wales Bar Association v Evatt (1968) 117 CLR 177; [1968] HCA 20 NSW Bar Association v Meakes [2006] NSWCA 340 Psychologists Registration Board of Australia v Coleman (Review and Regulation) [2013] VCAT 738 Riley v Health Care Complaints Commission [2019] NSWCATOD 54 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr David Richards (Respondent) Representation: Counsel: S McCarthy (Applicant on 4 May 2023) E Beljic (Applicant on 28 July 2023) A Martin (Respondent on 4 May 2023)