Health Care Complaints Commission v Benness [2024] NSWCATOD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Benness [2024] NSWCATOD 133 Hearing dates: 01 August 2024 Date of orders: 29 August 2024 Decision date: 29 August 2024 Jurisdiction: Occupational Division Before: The Hon ADCJ Ainslie-Wallace, Principal Member Dr J King, Senior Member Dr A Morris, Senior Member M Christensen, General Member Decision: (1) Pursuant to s149A(1)(a) of the National Law the Practitioner is cautioned. (2) The Practitioner is to conduct breast examination only in accordance with the RANZCOG Best Practice Guidelines for gynaecological examinations and procedures. (3) The Practitioner is to provide the name of a peer to be approved by the Medical Council to provide training in line with the RANZCOG Best Practice Guidelines including the importance of obtaining fully informed consent from a patient. (a) The peer is to be a practitioner of equivalent experience and seniority as the Practitioner and need not necessarily be in the specialty of urogynaecology but may be a specialist obstetrician or gynaecologist. (b) The peer must be nominated to the Medical Council within 60 days of these orders. (c) The training is to be provided within 90 days of these orders and the Practitioner is to provide evidence to the Medical Council of the completion of training within 14 days of the completion of the training. (d) Any costs of the training will be borne by the Practitioner. (4) An application to review, alter, vary or remove these conditions will be at the discretion of the Medical Council which is the appropriate review body. (5) The Practitioner will pay 25% of the Commission's costs as agreed or assessed. Catchwords: HEALTH - Medical Practitioner – unsatisfactory professional conduct - caution - conditions Legislation Cited: Health Practitioner Regulation National Law (NSW) S 3B,139B, 139E, 149A(1)(a),150 Evidence Act 1995 (NSW) s128 Cases Cited: Health Care Complaints Commission v Benness [2024] NSWCATOD 27 Health Care Complaints Commission v Do [2014] NSWCA 307 Prakash V Health Care Complaints Commission [2006] NSWCA 153 Director General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 Health Care Complaints Commission v Schmaman [2019] NSWCATOD 82 Health Care Complaints Commission v Dowla (No 2) [2019] NSWCATOD 156 NSW Bar Association v Meakes [2006] NSWCA 340 Category: Principal judgment Parties: Health Care Complaint Commission (Applicant) Christopher Benness (Respondent) Representation: Counsel: A Petrie (Applicant) M Hamdan (Respondent)