Health Care Complaints Commission v Bours (No 1) [2014] NSWCATOD 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Bours (No 1) [2014] NSWCATOD 113 Hearing dates: 10-14, 17-21 February 2014 Decision date: 13 October 2014 Jurisdiction: Occupational Division Before: J Hughes, Principal Member V du Toit, Podiatrist Member L Taylor, Podiatrist Member M Turner, Lay Member Decision: 1.The Tribunal found all four of the complaints alleged against the practitioner to be proved, making findings of unsatisfactory professional conduct and professional misconduct within the meaning of sections 139B and 139E of the National Law respectively. 2.The Tribunal made a non-publication order precluding publication of the names of the four patients referred to in the schedule to the Complaint before the Tribunal, who are referred to as Patients A, B, C and D in these reasons for decision. The non-publication order extends to publication of the names of the mother and daughter of Patient B. 3. The parties shall, in a second-stage hearing at a date to be fixed by the Registrar, have opportunity to make oral and written submissions as to the appropriate consequential orders following these findings, including as to costs. Catchwords: PROFESSIONAL DISCIPLINE - Admissibility of expert evidence; admissibility of expert evidence obtained for other civil proceedings; composition of Tribunal; consent forms; consent to surgery; controversial medical procedures; harassment of expert witness; legally qualified McKenzie friend; prescribing medications without authority; self-represented respondent giving evidence; Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW); Health Practitioner Regulation National Law 2009 (NSW); Poisons and Therapeutic Goods Act 1966 (NSW); Therapeutic Goods Act 1966 (NSW) Cases Cited: Allinson v General Counsel of Medical Education and Registration (1894) 1 QB 755; Briginshaw v. Briginshaw [1938] HCA 34; (1938) 60 CLR 336; Donnelly v Health Care Complaints Commission (NSW) [2011] NSWSC 70; Gianoutsos v. Glykis (2006) 65 NSWLR 539 at 547-9; HCCC v. Gillett [2007] NSWNMT 7); HCCC v. Litchfield [1997] NSWSC 297, (1997) 41 NSWLR 630; In re Dr Suman Sood [2006] NSWMT 1; King v Health Care Complaints Commission [2011] NSWCA 353; Lucire v Health Care Complaints Commission [2011] NSWSC 99; Medical Board of Australia v Judge Horeman-Wren & Leggett [2013] QSC 339; NSW Bar Association v. Hamman (1999) NSWCA 404; Qidwai v Brown (1984) 1 NSWLR 100; Re Dr Parajuli [2010] NSWMT 3; Pillai v Messiter (No 2) (1989) 16 NSWLR 97 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Paul Bours (Respondent) Representation: Counsel S McNaughton (Complainant) Health Care Complaints Commission (Complainant) Self-represented (Respondent) File Number(s): 1420021 Publication restriction: Non publication order in respect of patients named in the complaint and their family members who gave evidence