Health Care Complaints Commission v Morsingh [2023] NSWCATOD 161

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Morsingh [2023] NSWCATOD 161 Hearing dates: 3 November 2023 Date of orders: 10 November 2023 Decision date: 10 November 2023 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr J Fogarty, Senior Member Dr S Cowap, Senior Member D Telford, General Member Decision: 1. Under s 149A(1)(d) of the Health Practitioner Regulation National Law (NSW), Mr Morsingh must complete an educational course on prescribing Schedule 8 and Schedule 4D medications. 2. Under s 149A(3) of the ) of the Health Practitioner Regulation National Law (NSW), Mr Morsingh is prevented from being registered unless Order 1 is complied with. Directions 1. Within 7 days of the publication of these reasons the Health Care Complaints Commission is to: a. provide submissions in reply to Mr Morsingh's application for costs; and b. make any application for costs 2. Within 7 days of receiving those submissions, Mr Morsingh is to: a. provide submissions in reply to the Health Care Complaints Commission's application for costs; and b. provide any further submissions on his application for costs. 3. Within 7 days of receiving those submissions, the Health Care Complaints Commission is to: a. provide any further submissions on its application for costs. Note to parties: there is a limit of 5 pages for each submission. Catchwords: OCCUPATIONS – medical practitioners – where medical practitioner has been found to have inappropriately prescribed drugs of addiction – whether such conduct amounts to "professional misconduct" – appropriate orders when medical practitioner no longer registered Legislation Cited: Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Morsingh [2023] NSWCATOD 118 Qidwai v Brown [1984] 1 NSWLR 100 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Raymond Morsingh (Respondent) Representation: Counsel: S McCarthy (Applicant) A Rizk (Respondent)