Health Care Complaints Commission v Dr McKenzie [2011] NSWMT 6

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr McKenzie [2011] NSWMT 6 Hearing dates: 26 July 2011 Decision date: 27 July 2011 Before: Kavanagh J; Dr M Giuffrida; Dr V Sutton; Dr J Mair Decision: 1. The respondent's name be removed from the register of Medical Practitioners and he not be permitted to apply for re-registration for a period of 3 years from the date of the order. 2. The respondent pay the complainant's costs. Catchwords: Doctor on suspension by NSW Medical Board - two complaints laid by the HCCC - First complaint as to doctor's professional misconduct - evidence establishes: doctor's practice below standard - doctor engaged in unethical conduct and contravened conditions to which his registration was then subject - doctor contravened Part 3 of Medical Practice Regulation - doctor guilty of professional misconduct - Second complaint - medical evidence plus doctor's presentation persuades doctor suffers an impaired intellectual and cognitive functioning - Doctor's name be removed from the register of medical practitioners - doctor not apply for re-registration for three years - Costs - principles applicable - costs awarded to complainant. Legislation Cited: Health Care Complaints Act 1993 (NSW) s 39(2); s 90B(3) Medical Practice Act 1992 (NSW) s 51(1) Cases Cited: Latoudis v Casey [1990] 170 CLR 534 OHN v Walton (1995) 36 NSWLR 77 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr J McKenzie (Respondent) Representation: G Furness SC (Complainant) Health Care Complaints Commission (Complainant) DibbsBarker (Respondent) File Number(s): IRC 40042 of 2009