Health Care Complaints Commission v Dr Leslie [2013] NSWMT 1

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Leslie [2013] NSWMT 1 Hearing dates: 11 and 12/02/2013 Decision date: 22 February 2013 Jurisdiction: Civil Before: Levy SC DCJ

Dr E Kertesz Dr R Gordon Ms J Houen Decision: See paragraphs [48] - [50] for orders. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: MEDICAL PRACTITIONER - unsatisfactory professional conduct - professional misconduct - practice of inappropriate prescription of restricted Schedule 4D and Schedule 8 drugs without required authority - adequacy of records kept by practitioner - protective orders and practice conditions Legislation Cited: Health Practitioner Regulation National Law (NSW) No 86a, cl 7 Sch 5D, s 139B, s 139E, s 163(1)(a) Health Practitioner Regulation (New South Wales) Regulation 2010, Pt 4 & Sch 2 Medical Practice Act 1992, s 66 Cases Cited: King v Health Care Complaints Commission [2011] NSWCA 353 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Reddall Leslie (Respondent) Representation: Mr W Hunt (Applicant) Mr M Lynch (Respondent) Health Care Complaints Commission (Applicant) Avant Law (Respondent) File Number(s): 40006/11 Publication restriction: Yes