Health Care Complaints Commission v Dr Annette Dao Quynh Do [2012] NSWMT 9

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Annette Dao Quynh Do [2012] NSWMT 9 Hearing dates: 26 March, 27 March 2012 Decision date: 10 May 2012 Before: Kavanagh J; Dr Saw-Hooi Toh; Dr J Murray Wright; Ms Anne Collier Decision: We accept that all the particulars of each complaint have been established to the requisite standard of proof. We find Dr Do has engaged in both unsatisfactory professional conduct and professional misconduct. We will hear the parties on the appropriate protective orders which should be given by the Tribunal. The matter is set down for further hearing on Monday, 16 July 2012 at 10.00 am. Costs The Complainant submits that the question of costs in these proceedings should be reserved. Catchwords: UNSATISFACTORY PROFESSIONAL CONDUCT AND PROFESSIONAL MISCONDUCT - practitioner fails to attend hearing but written submissions tendered - no admissions made as to Complaints - many facts conceded re over prescribing and treating a person with whom the practitioner in a personal relationship - effect of s 167 of National Law - practitioner found to have engaged in both unsatisfactory professional conduct and professional misconduct - costs reserved - separate hearing on protective orders - costs reserved Legislation Cited: Health Care Complaints Act 1993 Medical Practice Act 1992 Poisons and Therapeutic Goods Act 1966 (NSW) Health Practitioner Regulation National Law (NSW) No 86a Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Forge v ASIC [2004] NSWCA 448 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Richter v Walton (Court of Appeal, 15 September 1993, unreported) Category: Interlocutory applications Parties: Health Care Complaints Commission (Complainant) Dr Annette Do (Respondent) Representation: C P O'Donnell of counsel (Complainant) Health Care Complaints Commission (Complainant) No appearance (Respondent) File Number(s): MT40005 of 2011