Health Care Complaints Commission v Dr Ristevski [2012] NSWMT 23

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Ristevski [2012] NSWMT 23 Hearing dates: 10/12/2012 - 11/12/2012 Decision date: 14 December 2012 Jurisdiction: Civil Before: Elkaim SC DCJ Dr J Ng Dr M Higgins Mr R Kelly Decision: See paragraph 41 Catchwords: Transgression of doctor patient boundaries, record keeping failure. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Health Practitioner Regulation National Law (NSW) No 86A Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 HCCC v Howe [2010] NSWMT King v Health Care Complaints Commission [2011] NSWCA 253 Lee v Health Care Complaints Commission [2012] NSWCA 80 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Kiro Ristevski (Respondent) Representation: L Fernandez (Complainant) M J Windsor SC (Respondent) Health Care Complaints Commission (Complainant) Fraser MacLennan-Pike (Respondent) File Number(s): 40007/12 Publication restriction: Yes

Judgment

The proceedings 1At the commencement of the hearing the Health Care Complaints Commission (the "HCCC") sought leave to rely on a Further Amended Notice of Complaint. The new document added a series of particulars of a failure on behalf of the doctor to record proper clinical records of consultations and referrals with Patient A. The doctor's conduct in respect of this patient is the subject of the HCCC's complaints generally. Although the Amended Complaint did not allege any failures in record keeping, with one exception, Dr Ristevski was able to deal with the new particulars. The exception was particular numbered '2' to Complaint One. This was not pressed. The Tribunal accordingly proceeded on the basis of the Further Amended Notice of Complaint, but without the withdrawn particular.