In Re Dr Anthony MICHAEL [2004] NSWMT 12

New South Wales Medical Tribunal

CITATION : In Re Dr Anthony MICHAEL [2004] NSWMT 12 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission (Applicant) Dr Anthony Michael (Respondent) FILE NUMBER(S) : 40005 of 2004 CORAM: Walmsley, SC DCJ at 1 - Gleeson, Dr M - Kendrick, Dr J - Mares, Dr S CATCHWORDS: Deregistration - Professional Misconduct - Self administration of illicit drugs - Fraudulent use of prescriptions - Breaches of practice conditions - Impairment by addiction to deleterious drug Section 51(1) Medical Practice Act 1992 (NSW) LEGISLATION CITED: Ss 10, 12, 15 and 17 Drug Misuse and Trafficking Act, 1985 Cl 151(1) Poisons and Therapeautic Goods Regulation, 1994 CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 at 361; Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 at 637 DATES OF HEARING: 22 and 23 September 2004 DATE OF JUDGMENT: 23 September 2004 LEGAL REPRESENTATIVES: Ms K Eastman (Applicant) Mr M Bozic S.C. (Respondent) ORDERS: 1. The name of Anthony Michael be removed from the Register of Medical Practitioners 2. Pursuant to section 64(3) of the Medical Practice Act 1992, no application for review of this order may be made for a period of two years from this date 3. The respondent is to pay the Commission's costs of these proceedings

JUDGMENT:

DEPUTY CHAIRPERSON:

1 The Tribunal, for reasons which I am about to deliver, has come to the view that Dr Michael's name should be removed from the Register and that he not be permitted to make an application for review for a period of two years from this date. I will now give the reasons of the Tribunal.