Health Care Complaints Commission v Dr Carolyn Cooke [2012] NSWMT 12

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Carolyn Cooke [2012] NSWMT 12 Hearing dates: 14,15,16 May 2012 Decision date: 28 June 2012 Before: Kavanagh J; Dr Katherine Ilbery; Dr Vasco de Carvalho; Ms Annette Gray Decision: 1.The doctor is reprimanded. 2.The Tribunal finds that Carolyn Giselle Cooke is competent to practice as a registered health practitioner under supervision and with on-going re-training in accordance with the provisions of the Health Practitioner Regulation National Law (NSW). 3.The Tribunal orders that the name of Carolyn Giselle Cooke be reinstated to the Register of Medical Practitioners kept under the Health Practitioner Regulation National Law (NSW) once she notifies the Medical Council of her hospital placement and it receives an acknowledgment from the appointed supervisor. 4.Pursuant to s 149A(1)(b) of the Health Practitioner Regulation National Law (NSW), the Tribunal orders Carolyn Giselle Cooke's registration be subject to the conditions set out in Annexure A. 5.The Tribunal orders that Carolyn Giselle Cooke is not to publicly self promote as a medical practitioner with complementary medical skills until her retraining is complete as formalised by the conferring of the Fellowship of the Royal Australian College of General Practitioners (FRACGP) by examination. This must have been preceded by supervision for a minimum of three years in a full time general practice. 6.There shall be a suppression order on the names of patients A and B and the names of family members of Patients A and B. This order covers all documentation including medical reports. 7.The Tribunal orders that the respondent pay the costs of the Health Care Complaints Commission. Catchwords: UNSATISFACTORY PROFESSIONAL CONDUCT AND PROFESSIONAL MISCONDUCT - Doctor on suspension by NSW Medical Board - complaints laid by the HCCC - competence and suitability implication on medical skill by focus on complementary medicine - ethical behaviour - misbehaviour but suitable to practice with conditions to address re-education in basic medical skills - principles applicable - costs awarded to complainant Legislation Cited: Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) No 86a Cases Cited: Ex parte Lenehan (1948) 77 CLR 403 HCCC v Holmes [2010] NSWMT 19 HCCC v Hutchins (unreported MT40013 of 2008, 31 July 2009) NSW Bar Association v Cummins [2001] NSWCA 284 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Carolyn Cooke (Respondent) Representation: C P O'Donnell (Complainant) M Lynch (Respondent) Health Care Complaints Commission (Complainant) Resolve Litigation Lawyers (Respondent) File Number(s): MT40018 of 2011 MT40035 of 2011