Health Care Complaints Commission v Gorondy-Novak [2011] NSWMT 3

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Gorondy-Novak [2011] NSWMT 3 Hearing dates: 7 - 11 March 2011 Decision date: 15 April 2011 Before: Staff J; Dr S Toh; Dr M Higgins; Assoc Prof A Glass Decision: 1. The Tribunal finds particulars 4, 5, 6, 7, 8, 9 (excluding the failure to have a management plan), 10 (excluding the failure to have a management plan), 11, 12(c), 13, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27 and 28 are proved. 2. The Tribunal finds that the practitioner's particularised conduct as proved in respect of particulars referred to in Order 1, with the exception of particulars 6, 11, 18, 24 and 28 amounted to professional misconduct. 3. The Tribunal finds that the practitioner's failure to make proper records (particulars 6, 11, 18, 24 and 28) amounted to unsatisfactory professional conduct. 4. The Tribunal reprimands Dr Gorondy-Novak. 5. Pursuant to s 61(1)(c) of the Medical Practice Act 1992, Dr Gorondy-Novak's registration is subject to conditions. Catchwords: General practitioner - inappropriate prescribing of benzodiazepines, diazepam, oxycodone, ms contin, pethidine and codeine phosphate to drug dependent patients where the medical practitioner knew or ought reasonably to have known of their drug dependence - continuing to prescribe to known "doctor shoppers" in quantities which exceeded therapeutic guidelines - continuing to prescribe when practitioner knew or ought to have known another general practitioner was also prescribing - continuing to prescribe without specialist assessment - failure to recognise repeated drug seeking behaviour - prescribing without holding or applying for an authority under s 28 of the Poisons and Therapeutic Goods Act 1966 - failure to make and/or retain proper records of treatment of patients contrary to cl 5 and cl 6 of the Medical Practice Regulation 2003 - professional misconduct - amended complaint - procedural fairness - principles - penalty - rights to prescribe Schedule 4 and Schedule 8 drugs removed - practitioner reprimanded - other conditions imposed Legislation Cited: Interpretation Act 1987 Medical Practice Act 1992 Medical Practice Regulation 2003 Poisons and Therapeutic Goods Act 1966 Poisons and Therapeutic Goods Regulation 2002 Cases Cited: A Solicitor v Council of the Law Society of New South Wales [2004] HCA 1; (2004) 216 CLR 253 Bannister v Walton (1993) 30 NSWLR 699 Banque Commerciale S.A., En Liquidation v Akhil Holdings Limited (1990) 169 CLR 279 Briginshaw v Briginshaw (1938) 60 CLR 336 Buttsworth v Walton (Court of Appeal, 19 December 1991, unreported) Childs v Walton (Court of Appeal, 13 November 1990, unreported) Downey v Acting District Court Judge Boulton (No 5) [2010] NSWCA 240; (2010) 272 ALR 705 Dr Clive Anthony Wolfe (18 November 1999) Health Care Complaints Commission v Ian Robert Hutchins (Matter No 40013 of 2008, 31 July 2009) Ex Parte Lenehan [1948] HCA 45 Ex parte Meehan; Re Medical Practitioners Act [1965] NSWR 30 Fair Work Ombudsman v Centennial Financial Services Pty Ltd & Ors [2010] FMCA 86; (2010) 245 FLR 242 Gad v Health Care Complaints Commission [2002] NSWCA 111 HCCC v Dr Christopher Roberts [2007] NSWMT 15 HCCC v Dr Kazmierczak [2007] NSWMT 14 HCCC v Kalokerinos [2007] NSWMT 17 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Ameisen (28 January 2009) Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 In Re Dr Gregory Wilcox [2007] NSWMT 3 In Re Dr Peter Keith [2007] NSWMT 12 Kalil v Bray [1977] 1 NSWLR 256 Katherine Louise Carseldine and the Medical Practitioners Act (19 March 1991) Kirk v Industrial Relations Commission of New South Wales; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1; (2010) 239 CLR 531 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Pillai v Messiter [No 2] (1989) 16 NSWLR 197 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qidwai v Brown [1984] 1 NSWLR 100 Re Dr Barry Cross and the Medical Practice Act (2 February 2006) Re Dr Parajuli [2010] NSWMT 3 Re Dr Susan Catchlove and the Medical Practice Act (8 February 2006) Rejfek v McElroy (1965) 112 CLR 517 Re the Medical Practice Act 1992 and Dr Ghalib Mohammad Talib Hamad [2004] NSWMT 4 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Saville v Health Care Complaints Commission & Anor [2006] NSWCA 298 Smith v New South Wales Bar Association [1992] HCA 36; (1992) 176 CLR 256 Spicer v New South Wales Medical Board and Ors (Court of Appeal, 19 February 1981, unreported) The Prothonotary of the Supreme Court of New South Wales v Ritchard (Court of Appeal, 31 July 1987, unreported) Water Board v Moustakas [1988] HCA 12; (1988) 180 CLR 491 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Kinga Maria Gorondy-Novak (Respondent) Representation: Ms S McNaughton of counsel (Complainant) Mr M Windsor SC (Respondent) Health Care Complaints Commission (Complainant) Avant Insurance Pty Ltd (Respondent) File Number(s): 40016 of 2010 Publication restriction: Pursuant to Clause 6 of Schedule 2 of the Medical Practice Act 1992 the Tribunal has ordered that there be no publication of the names of the patients or of any material capable of identifying the patients.