Health Care Complaints Commission v Dr A [2012] NSWMT 11

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr A [2012] NSWMT 11 Hearing dates: 30 April 2012; 1, 2 May 2012 Decision date: 22 June 2012 Before: Kavanagh J; Dr M Higgins; Dr M Diamond; Ms D Robinson Decision: 1.The doctor has pleaded guilty and was convicted of six offences of indecent assault on a male. Complaint One is sustained. 2.The Complaints Two and Three are dismissed. 3.Complaint Four is dismissed. The Tribunal finds the doctor is a suitable person to hold a practitioner's registration but with conditions attached to his practitioner certification (see Annexure A), the purpose of which is to provide the doctor with professional support in the conduct of his medical practice within an isolated community. 4.The respondent shall pay the complainant's costs. Catchwords: UNSATISFACTORY PROFESSIONAL CONDUCT, PROFESSIONAL MISCONDUCT - Complaint One admitted - Criminal convictions - no re-offence after 33 years - Complaints Two and Three: no offence related to the practice of medicine in the circumstance therefore no finding of unsatisfactory professional conduct or professional misconduct - offences some 13 years before qualification as a medical practitioner and eight years before doctor became medical student - unblemished conduct in practice of medicine since qualification - the Tribunal rejects the doctor engaged in improper conduct relating to the practice of medicine - Complaint Four: doctor not found to be unsuitable to practice medicine - conditions to practicing certificate attached in the public interest - costs Legislation Cited: Crimes Act 1900 Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) No 86a Medical Practice Act 1992 Cases Cited: Childs v Walton (unreported, CA 4025/90, 13 November 1990) HCCC v Dr Alex Simring [2010] NSWMT 7 HCCC v Wingate [2007] NSWCA 326 NSW Bar Association v Cummins [2001] NSWCA 284 Re Dr Richard Wingate [2007] NSWMT 2 Roylance v The General Medical Council [1999] UKPC 16 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr A (Respondent) Representation: P Dwyer of counsel (Complainant) M Lynch of counsel (Respondent) Health Care Complaints Commission (Complainant) Browns, Legal & Consulting (Respondent) File Number(s): MT40022 of 2011