Health Care Complaints Commission v Le (No 2) [2025] NSWCATOD 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Le (No 2) [2025] NSWCATOD 20 Hearing dates: 25 February 2025 Date of orders: 4 March 2025 Decision date: 04 March 2025 Jurisdiction: Occupational Division Before: The Hon A Ainslie-Wallace AM ADCJ, Principal Member Dr M Walker, Senior Member Dr L Taoube, Senior Member D Telford, General Member Decision: (1) Pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW) (National Law) the Respondent's registration as a medical practitioner be suspended for a period of six months from the date of publication of these orders. (2) Pursuant to s 149A(1)(a) of the National Law, the Respondent is reprimanded. (3) On return to practice following the period of suspension, the following conditions are imposed on the Respondent's registration: (a) To obtain Medical Council of NSW approval prior to changing the nature or place of practice; (b) Not to manufacture, compound or prescribe compounded substances; (c) Not to possess, supply (including manufacture or compound) administer, prescribe any substance containing merbromin or mercurochrome including derivatives; (d) To submit to an audit of his medical practice, by a random selection of his medical records by a person or persons nominated by the Medical Council of NSW and: (i) The audit is to be held within 6 months of the recommencement of practice and subsequently as required by the Council; (ii) The auditor is to assess the Respondent's: (A) compliance with good medical record keeping standards, (B) legislative requirements (C) compliance with conditions (D) management of skin conditions and consent for skin treatments (E) discussion with patients of the benefits, side effects, risks of proposed treatment and the availability mainstream treatment options. (e) To authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia and Pharmaceutical Services Unit for the purposes of monitoring compliance with these conditions. (f) The Medical Council is the appropriate review body for the purposes of Part B Division 8 of the National Law. (g) Sections 125 to 127 of the National Law are to apply whilst the Respondent's principal place of practice is anywhere in Australia other than in New South Wales, so that a review of these conditions can be conducted by the Medical Board of Australia. (4) The Respondent pay the Commission's costs as agreed or assessed under clause 13 of Schedule 5D of the National Law. Catchwords: HEALTH – Medical Practitioner – professional misconduct – unsatisfactory professional conduct – Protective Orders Legislation Cited: Health Practitioner Regulation National Law (NSW) Therapeutic Goods Act 1989 (Cth) Therapeutic Goods Regulations 1990 (Cth) Cases Cited: Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Le [2024] NSWCATOD 171 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: None Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Tuan-Anh Le (Respondent) Representation: Counsel: D New (Applicant) A J Bowen (Respondent)