In Re Dr Paul Herbert CORBETT [2005] NSWMT 14

New South Wales Medical Tribunal

CITATION : In Re Dr Paul Herbert CORBETT [2005] NSWMT 14 TRIBUNAL: Medical Tribunal Dr Paul Herbert Corbett (Applicant) Health Care Complaints Commission (Respondent) PARTIES : Health Care Complaints Commission (Applicant) Dr Paul Herbert CORBETT (Respondent)

FILE NUMBER(S) : 40016; 40024 of 2004 CORAM: Walmsley, SC DCJ - Pasfield, Dr M - Child, Dr D - Berglund Dr C CATCHWORDS: Review of conditions LEGISLATION CITED: S 51(1) Medical Practice Act 1992 (NSW) Motor Accidents Compensation Act 1999 CASES CITED: HCCC v Litchfield (1997) 41 NSWLR 630 21 March 2005 DATES OF HEARING: 22 March 2005 23 March 2005 DATE OF JUDGMENT: 23 March 2005 LEGAL REPRESENTATIVES: Ms G. Furness (Applicant) Mr C. Evatt (Respondent) ORDERS: On Dr Corbett's Application 1. Application Dismissed 2. Dr Corbett to pay the Commission's costs ; On Commission's Application 1. Complaints 1 & 2 are established 2. By reason of complaint 1, Dr Corbett is reprimanded 3. Dr Corbett to pay the Comission's costs

JUDGMENT:

DEPUTY CHAIRPERSON:

1 These proceedings concern a medical practitioner, Dr Paul Corbett. There are two applications before the tribunal which concern him. The first, though not in time, is an amended complaint by the Health Care Complaints Commission, ("the Commission"), under section 51(1) of the Medical Practice Act , ("the Act"), that he has been convicted of offences and made the subject of criminal findings for offences in New South Wales; further, that he suffers from an impairment - namely, "a physical and/or mental conditions or disorders; VIZ, as defined in DSM-IV-TR TR alcohol abuse or dependence and cognitive disorder, not otherwise specified - which detrimentally affects, or is likely to detrimentally affect, his mental capacity to practice medicine."