NSW Caselaw
New South Wales Medical Tribunal
CITATION : HCCC v Dr Kazmierczak [2007] NSWMT 14 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission Dr Andrzej Kazmierczak FILE NUMBER(S) : 400013 of 2006 CORAM: Ainslie-Wallace, DCJ - Zetler, Dr I - Spark, Dr R - Kiel, Ms H CATCHWORDS: Failure to obtain authorisation to prescribe drugs - Prescribing in excess of amount authorised to prescribe - Serious misconduct exacerbated by repondent's persistence in the conduct over significant period LEGISLATION CITED: Medical Practice Act 1992 Poisons & Therapeutic Goods Act Bgiginshaw v Briginshaw (1938) 60 CLR 336; Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; CASES CITED: Exparte Tziniolis: re Medical Practitioners Act (1966) 67 SR (NSW) 448; Law Society of NSW v Foreman (1994) 34 NSWLR 408; Craig v Medical Board of South Australia [2001] SASC 169; NSW Bar Association v Meakes [2006] NSWCA 340 8 May 2007 - 11 May 2007 DATES OF HEARING: 30 July 2007 -1 August 2007 29 August 2007 DATE OF JUDGMENT: 14 December 2007 M G Lynch of Counsel LEGAL REPRESENTATIVES: S Connors Solicitor, Health Care Complaints Commission J M Sandford of Counsel N Meadows Solicitor, Tress Cox ORDERS:
JUDGMENT: THE MEDICAL TRIBUNAL Friday 14th December 2007 OF NEW SOUTH WALES AT SYDNEY No. 40013 of 2006 BETWEEN Health Care Complaints Commission Complainant Dr Andrzej Kazmierczak Respondent
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