Health Care Complaints Commission v Pembroke [2011] NSWMT 11

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Pembroke [2011] NSWMT 11 Hearing dates: 19 September 2011 Decision date: 19 September 2011 Before: Staff J; Dr J Branch; Dr P Anderson; Ms H Kiel Decision: 1. Pursuant to s 163B(4) of the Health Practitioner Regulation National Law (NSW) the Tribunal imposes conditions upon the registration of Dr Pembroke, as set out in Annexure A. 2. The Tribunal orders that the Medical Council of New South Wales shall be the appropriate review body for the purpose of any review of these conditions. The Medical Council may remove or vary the conditions as it considers appropriate. 3. Dr Pembroke is to pay the costs of the Health Care Complaint Commission of the hearing on 19 September 2011 including preparation costs. Catchwords: Medical practitioner - breach of conditions imposed by the New South Wales Medical Board - professional misconduct - unsatisfactory professional conduct - conditions imposed upon practitioner's registration - costs Legislation Cited: Health Care Complaints Act 1993 Medical Practice Act 1992 Cases Cited: A Solicitor v Council of the Law Society of New South Wales [2004] HCA 1; (2004) 216 CLR 253 Buttsworth v Walton 19 December 1991; [1991] NSWCA 40 HCCC v Litchfield (1997) 41 NSWLR 630 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Andrew Pembroke (Respondent) Representation: Counsel Dr K Stern of counsel (Complainant) Mr P Strickland SC (Respondent) Solicitors Health Care Complaints Commission (Complainant) Watsons Solicitors and Barristers (Respondent) File Number(s): 40045 of 2009