The Medical Practice Act 1992 re Dr Lam [2005] NSWMT 19

New South Wales Medical Tribunal

CITATION : The Medical Practice Act 1992 re Dr Lam [2005] NSWMT 19 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission Dr Chuen (Wallis) Lam FILE NUMBER(S) : 40017 of 2005 CORAM: Sidis, DCJ - Glover, Prof W - Ng, Dr J - Smith, Mr RJ CATCHWORDS: Prescription of steroids without clinical justification - alteration of clinical records - credit Medical Practice Act 1992 - ss 36 and 37 LEGISLATION CITED: Medical Practice Regulation 1998 Poisons and Therapeutic Goods Regulation 1994 Poisons and Therapeutic Goods Act 1966 Richter v Walton NSWCA U/R 15.7.93; HCCC v Litchfield (1997) 41 NSWLR 630; CASES CITED: Bannister v Walton (1993) 30 NSWLR 699; Briginshaw v Briginshaw (1938) 60 CLR 336; Pillai v Messiter (1989) 16 NSWLR 197 @ 200; Spicer v New South Wales Medical Board and Ors NSWCA U/R 19.2.1981 DATES OF HEARING: 7, 8, 9 March and 11 April 2006 DATE OF JUDGMENT: 7 July 2006 Counsel G B Furness LEGAL REPRESENTATIVES: Solicitor S Shearman HCCC Counsel P Nematalla Solicitor C Outzen ORDERS: 1 The Tribunal finds Dr Lam guilty of professional misconduct; 2 Dr Lam's name is to be removed from the Register of medical practitioners; 3 No application for review of order 1 is to be made until two years have elapsed from the date upon which order 1 is made; 4 Dr Lam is to pay the costs of the Health Care Complaints Commission, as agreed or assessed; 5 Exhibits may be released