HCCC v Dr Gow (Suppression order) [2008] NSWMT 3

New South Wales Medical Tribunal

CITATION : HCCC v Dr Gow (Suppression order) [2008] NSWMT 3 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission Dr Arthur Garry Gow FILE NUMBER(S) : 40011 of 2007 CORAM: Ainslie-Wallace, DCJ CATCHWORDS: Suppression order - Consideration of effect on doctors health LEGISLATION CITED: CASES CITED: Clyne v NSW Bar Association (1960) 104 CLR 186 DATES OF HEARING: 16.10.2008 DATE OF JUDGMENT: 21 October 2008 LEGAL REPRESENTATIVES: P Strickland SC instructed by Health Care Complaints Commission A Katzmann SC instructed by HWL Ebsworth Lawyers ORDERS: I decline to continue the order suppressing the respondent's name.

JUDGMENT: THE MEDICAL TRIBUNAL Tuesday 21st October 2008 OF NEW SOUTH WALES AT SYDNEY

No. 40011 of 2007

BETWEEN Health Care Complaints Commission Applicant Dr Arthur Garry GOW Respondent

Deputy Chair: Judge A M Ainslie-Wallace Members: Dr Saw-Hooi Toh Dr Susan Messner Mr David Jackett

Judgment on Suppression Order

1 The applicant brought a complaint against the respondent alleging that he was guilty of unsatisfactory professional conduct and/or professional misconduct by reason of his treatment of a patient.

2 That complaint has been heard and the Tribunal determined that the respondent was guilty of professional misconduct.

3 These reasons should be read in conjunction with the judgment in the substantive matter.

4 There was no dispute between the parties that if the respondent was found to be guilty of professional misconduct, the Tribunal should not order that he be de-registered or suspended from practice. The orders of the Tribunal and the reasons for its determination will be published at the same time as this judgment.