In Re Dr Brendan O'SULLIVAN [2006] NSWMT 13

New South Wales Medical Tribunal

CITATION : In Re Dr Brendan O'SULLIVAN [2006] NSWMT 13 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission (Applicant) Dr Brendan O'Sullivan (Respondent) FILE NUMBER(S) : 40028 of 2005 CORAM: Walmsley, SC DCJ - Kok, Dr E - Houen, Ms J - Brash, Dr D CATCHWORDS: Unsatisfactory Professional Conduct - Schedule 8 Drugs Ss 36 Medical Practice Act 1992 (NSW) LEGISLATION CITED: Ss 28 and 29 Poisons and Therapeutic Goods Act 1966 Cls 89 Poisons and Therapeutic Goods Act Regulation 1994 CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336; Spicer v New South Wales Medical Board and Ors (unreported, Court of Appeal, 19 February 1981) DATES OF HEARING: 6 November 2006 - 10 November 2006 EX TEMPORE 10 November 2006 JUDGMENT DATE : LEGAL REPRESENTATIVES: Mr P Griffin (Applicant) Respondent In Person ORDERS: 1. The respondent is reprimanded; 2. The respondent is to comply and be involved regularly with the MOPS continuing medical education program of the Royal Australian and New Zealand College of Psychiatrists as determined by that college. The respondent should report such participation to the Board in the schedule of continuing medical education provided at annual renewal of registration; 3. The respondent is to participate regularly in a peer review group and he should report on his participation in a peer review group to the Medical Board when requested to do so by the Board; 4. The Medical Board is the appropriate review body in relation to orders 2 and 3 for the purposes of ss 92 and 93 of the Medical Practice Act.