Health Care Complaints Commission v Townsend [2014] NSWCATOD 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Townsend [2014] NSWCATOD 65 Hearing dates: 26 and 27 May, 2014 Decision date: 16 June 2014 Jurisdiction: Occupational Division Before: F Marks ADCJ (Principal Member) Dr M Giuffrida (Professional Member) Dr M Higgins (Professional Member) G Ettinger (General Member) Decision: The registration of the respondent is cancelled with effect 28 days from this date The respondent may not apply for review for 1 year The respondent to pay the costs of the complainant Catchwords: Health Practitioner-breach of practice condition-held constitutes professional misconduct justifying cancellation of registration Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission V Dr Della Bruna [2014] NSWCATOD 31 Prakash V Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Richard Townsend (Respondent) Representation: Counsel W Hunt (Applicant) M Lynch (Respondent) Health Care Complaints Commission (Applicant) Avant Law (Respondent) File Number(s): 1420053

reasons for decision

INTRODUCTION 1The Tribunal has before it two complaints made by the Complainant, the Health Care Complaints Commission against the respondent, Dr Richard Townsend. (1)Complaint 1 alleges unsatisfactory professional conduct under section 139B of the Health Practitioner Regulation National Law (NSW), ("The National Law") based on alleged contravened conditions of registration. There is background information contained within the Notice of Complaint concerning Complaint 1. It states that on 5 June 2007 a Professional Standards Committee imposed a number of conditions on the respondent's registration following a finding of unsatisfactory professional conduct. The condition included a requirement to complete "at the earliest opportunity and no later than the end of 2008" a short certificate course conducted by the Department of General Practice Monash University entitled "Issues In General Practice Prescribing". That condition was amended on 9 December 2008 requiring enrolment by no later than the end of 2008 in that course with completion at the earliest opportunity. This amendment was made following the respondent's unsuccessful request to have the condition removed. It appears that the condition was amended administratively requiring enrolment by no later than 20 April 2009. The respondent failed to enrol by this date and has since failed to make any attempt to enrol However, the respondent did apply on 5 June 2012 and 18 September 2012 to the Medical Council to have the condition removed, but these applications were declined. The particulars of Complaint 1 allege a contravention of this practice condition imposed on 9 November 2011 by both failing to enrol and failing to complete the course within the time periods specified. (2)Complaint 2 alleges that the respondent is guilty of professional misconduct under section 139E of the National Law in that he has engaged in unsatisfactory professional conduct of a sufficiently serious nature to justify suspension or cancellation of registration or that he engaged in more than one instance of unsatisfactory professional conduct that, when the instances are considered together, amount to such conduct of a sufficiently serious nature. The particulars furnished with respect to this second complaint are those which apply to Complaint 1.