Health Care Complaints Commission v Dr Jamieson [2014] NSWCATOD 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Jamieson [2014] NSWCATOD 56 Hearing dates: 1 and 2 April 2014 Decision date: 21 May 2014 Jurisdiction: Occupational Division Before: Wright J, President Dr Giuffrida, Professional Member Dr Ilbery, Professional Member A Gray, General Member Decision: 1The respondent, Dr Jamieson, be and hereby is reprimanded. 2The conditions set out below in the schedule headed "Health Care Complaints Commission v Dr Jamieson - Conditions" (the Conditions) be imposed on the respondent's registration, on terms that the respondent may not make an application for review of this order in respect of: (a)conditions 1, 2, 3 or 4 in the Conditions before the expiration of 5 years from the date of these orders; and (b)condition 8 in the Conditions before the expiration of 3 years from the date of these orders. 3The Conditions may be altered, varied or removed at the discretion of the Medical Council of New South Wales and the Medical Council is the appropriate review body for the purposes of Division 8 of the Health Practitioner Regulation National Law (NSW). 4Sections 125 to 127 of the Health Practitioner Regulation National Law are to apply whilst the respondent's principal place of practice is anywhere in Australia other than in New South Wales, so that a review of the Conditions can be conducted by the Medical Board of Australia. 5The respondent pay the complainant's costs. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - medical law - health practitioner - professional misconduct - unsatisfactory professional conduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Health Practitioner Regulation (New South Wales) Regulation 2010 Health Practitioner Regulation National Law (NSW) Medical Practice Regulation 2003 (NSW) Medical Practice Regulation 2008 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Director General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523 Health Care Complaints Commission v Gorondy-Novak [2011] NSWMT 3 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v King [2013] NSWMT 9 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Latoudis v Casey (1990) 170 CLR 534 Lee v Health Care Complaints Commission [2012] NSWCA 80 Ohn v Walton (1995) 36 NSWLR 77 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Colin Jamieson (Respondent) Representation: Counsel C P O'Donnell (Complainant) M Lynch (Respondent) Health Care Complaints Commission (Complainant) Avant Law Pty Ltd (Respondent) File Number(s): 1420055 Publication restriction: The Tribunal made the following orders under cl 7 of Schedule 5D of the National Law and for the purposes of Rule 42(3)(c) of the Civil and Administrative Tribunal Rules 2014: 1. The names and addresses of, and any other personal information relating to or tending to identify, any patients of Dr Jamieson not be disclosed or published but the 10 patients referred to in the Notice of Complaint dated 20 March 2013 as patients A to J may be referred to using those designations. 2. Any document on the Tribunal files containing any of the information referred to in the preceding order not be disclosed, published or made available for inspection by a person other than a party to the proceedings, a member of the Tribunal or a staff member of the Tribunal.