HCCC v Allen [2010] NSWMT 8

New South Wales Medical Tribunal

CITATION : HCCC v Allen [2010] NSWMT 8 revised - 13/10/2010 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission (Applicant) Dr Richard Allen (Respondent) FILE NUMBER(S) : 40016 of 2009 CORAM: Staff J - Ng, Dr J - Grimes, Dr D - Smith, Mr RJ CATCHWORDS: PROFESSIONAL MISCONDUCT - respondent doctor signed a statement knowing that it would be presented to an inquiry conducted by the Medical Board into a practice conducted by another medical practitioner where he was employed - respondent careless and reckless in permitting statement to be relied upon - care exercised significantly below the standard reasonably expected of an experienced medical practitioner - respondent engaged in conduct relating to the practice of medicine in signing statement - conduct improper or unethical - respondent acknowledged misconduct - contrition - Tribunal satisfied misconduct would not be repeated - practice of medicine over lengthy period exemplary - professional misconduct - reprimand. Civil Procedure Act 2005 LEGISLATION CITED: Evidence Act 1995 Medical Practice Act 1992 Police Act 1990 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267; Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; Re Dr Parajuli [2010] NSWMT 3; CASES CITED: Health Care Complaints Commission v Wingate (2007) NSWLR 323; NSW Medical Board v Dinakar [2009] NSWMT 8; Re A Medical Practitioner and the Medical Practice Act 40010/07 3 September 2007 (unreported); Re Dr Richard Wingate [2007] NSWMT 2 DATES OF HEARING: 17 May 2010, 18 May 2010, 19 May 2010 DATE OF JUDGMENT: 2 July 2010 Mr G Farmer of counsel (Applicant) Health Care Complaints Commission LEGAL REPRESENTATIVES: Ms C Ronalds SC (Respondent) Mr M Fitzgerald solicitor ORDERS: 1. Dr Allen is reprimanded; 2. Dr Allen is to pay the HCCC's costs of these proceedings, on the ordinary basis as defined in s 3 of the Civil Procedure Act 2005; Pursuant to cl 6 of Sch 2 of the Medical Practice Act, the Tribunal has made a non publication order in respect of the name of a patient referred to in the proceedings