Health Care Complaints Commission v Della Bruna [2024] NSWCATOD 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Della Bruna [2024] NSWCATOD 164 Hearing dates: 30 May 2022, 17-18 October 2022, 28 - 31 March 2023, 27 Mar 2024 Date of orders: 24 October 2024 Decision date: 24 October 2024 Jurisdiction: Occupational Division Before: Coleman SC ADCJ, Principal Member [1] Dr C Badam, Senior Member at [267] Dr C Newberry, Senior Member at [267] S Lovrovich, General Member at [267] Decision: (1) The Respondent is guilty of professional misconduct. (2) The proceedings are listed for a Stage 2 hearing on 29 November 2024. (3) The parties are to file and serve any evidence to be relied on at the Stage 2 hearing by 21 November 2024. Catchwords: OCCUPATIONS – medical practitioners – professional registration and discipline – unsatisfactory professional conduct – professional misconduct – prescription of restricted substances – whether conduct that demonstrates knowledge, skill or judgment possessed by practitioner is significantly below standard reasonably expected Legislation Cited: Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Health Practitioner Regulation (NSW) Regulation 2016 Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 [1938] HCA 34 Chen v Health Care Complaints Commission [2017] NSWCA 186 Ghosh v Health Care Complaints Commission [2022] NSWCA 229 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Fraser [2014] NSWCATOD 29 Health Care Complaints Commission v Litchfield [1997] Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Nguyen [2022] NSWCATOD 127 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Pillai v Messiter [No 2] (1989) 16 NSWLR 197 Project Blue Sky Inc v Australian Broadcasting Association [1998] HCA 28 Re Anderson and the Medical Practitioners Act 1967 85 WN (NSW) 558 Rockcote Enterprises Pty Limited v FS Architects Pty Limited [2008] NSWCA 39 Weaver v Law Society of NSW (1979) 142 CLR 201; [1979] HCA 35 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Albina Teresa Della Bruna (Respondent) Representation: Counsel: D New (Applicant) R Mathur SC (Respondent)