Health Care Complaints Commission v Do [2014] NSWCA 307

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Health Care Complaints Commission v Do [2014] NSWCA 307 Hearing dates: 11 March 2014 Decision date: 04 September 2014 Before: Basten JA at [1]; Meagher JA at [2]; Emmett JA at [56] Decision: (1) Appeal allowed. (2) Set aside orders 1 to 4 made by the Medical Tribunal on 2 August 2013. (3) Declare that if the respondent were still registered as a health practitioner as at 2 August 2013 the Court would have cancelled her registration with effect on that date. (4) The respondent is disqualified from being registered as a practitioner in the health profession for a period of 18 months commencing on 2 August 2013. (5) Direct the National Health Practitioner Board to record in the National Register kept by that Board the fact that the Court would have cancelled the respondent's registration had she still been registered as a health practitioner on 2 August 2013. (6) No order as to the costs of the appeal. [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 PROFESSION - professional misconduct - where doctor prescribed drugs of addiction and restricted substances to de facto partner, a drug-dependent person - where doctor failed to maintain records of prescriptions and consultations and services - where doctor no longer registered as a medical practitioner at time protective orders made - whether Tribunal failed properly to have regard to objective of protecting health and safety of public when making protective orders - Health Practitioner Regulation National Law (NSW) ss 3(2), 3A and 4 - objective requires denunciation of serious misconduct - whether doctor should have been disqualified from being registered - effect of disqualification order on reapplication for registration - Health Practitioner Regulation National Law (NSW) ss 149C(4)(b) and 163B and Pt 7