In Re Dr Geoffrey Ian Barratt and the Medical Practice Act 1992 [2004] NSWMT 7

New South Wales Medical Tribunal

CITATION : In Re Dr Geoffrey Ian Barratt and the Medical Practice Act 1992 [2004] NSWMT 7 TRIBUNAL: Medical Tribunal PARTIES : NSW Health Care Complaints Commission Dr Geoffrey Ian Barratt FILE NUMBER(S) : 40005 of 2003 CORAM: Walmsley, SC DCJ - Brown, Dr J - Kotze, Dr B - Berglund Dr C CATCHWORDS: unsatisfactory professional conduct - professional misconduct LEGISLATION CITED: Medical Practice Act, 1992 Poisons and Therapeutic Goods Act 1966 CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336; Bannister v Walton (1992-3) 30 NSWLR 699 DATES OF HEARING: DATE OF JUDGMENT: 8 September 2004 LEGAL REPRESENTATIVES: Mr S Beckett ORDERS: 1. The Tribunal finds Dr Barratt guilty of unsatisfactory professional conduct; 2. Dr Barratt is reprimanded; 3. Should any application be made by Dr Barratt for a practising certificate, it shall be a condition of his registration that:; (a) he enter supervised employment in a public hospital for a period of 2 years to be approved by the Medical Board; (b) his authority to prescribe Schedule 8 and Schedule 4D drugs remain withdrawn; (c) he not prescribe, possess, (save for his own treatment and when prescribed by another doctor), handle, or administer, Schedule 8 or Schedule 4D drugs; (d) he provide a copy of these conditions to his employer within 7 days of commencing employment at the public hospital; (e) If he returns to private practice after the expiry of the period in (a) above, his registration will be subject to the following conditions:; (i) he not work in sole practice; (ii) he not have authority to prescribe, possess, handle or administer Schedule 8 or Schedule 4D drugs; (iii) he be supervised by a supervisor approved by the Board and at a level approved by the Board; (iv) he conduct monthly case and record reviews with a mentor approved by the Board; (v) he authorise the supervisor and mentor to report to the Board once per month; (vi) the conditions (i) to (v) continue for a period of 2 years or such longer period as the Medical Board thinks fit; (vii) he provide a copy of these conditions to all practitioners with whom he is associated in any medical practice within 7 days of commencing employment at the private practice.