Health Care Complaints Commission v Street [2014] NSWCATOD 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Street [2014] NSWCATOD 124 Hearing dates: 25, 26 September 2014 Decision date: 29 October 2014 Jurisdiction: Occupational Division Before: Acting Judge K. P. O'Connor, AM, Deputy President Dr M Giuffrida, Senior Member (Professional) Dr K Ilbery, Senior Member (Professional) A Collier, General Member Decision: 1. The Tribunal' s decision pursuant to s 149C(4) of the National Law is that if the respondent were still registered the Tribunal would have cancelled the respondent's registration, and the respondent is disqualified from being registered in the health profession for a period of 18 months. The Tribunal requires the National Board with which the respondent was registered to record the Tribunal's decision in the National Register kept by the Board. 2. The respondent shall pay the applicant's costs, as defined in s 3 of the Civil Procedure Act 2005, of and incidental to the proceedings, as agreed, and failing agreement the parties are granted liberty to apply to the Tribunal. Catchwords: PROFESSIONAL DISCIPLINE - Complaint against former registered medical practitioner (general and specialist) - full admissions of misconduct - wrongful prescription of drugs of addiction - self-administration of drugs of addiction - falsifying prescriptions and records - failure to keep adequate records - guilty of professional misconduct - finding of impairment - offer of employment if permitted to resume practice - consideration of an order that would allow respondent to resume practice subject to strict conditions - rejected - protective purpose of disciplinary orders - orders of cancellation and disqualification for eighteen months. Health Practitioner Regulation National Law (NSW) No 86a. Legislation Cited: Health Practitioner Regulation National Law (NSW) No 86a Psychologists Act 2001 Medical Practice Act 1992 Civil Procedure Act 2005 Cases Cited: Donnelly v Health Care Complaints Commission (NSW) [2011] NSWSC 705 Grant v Health Care Complaints Commission [2003] NSWCA 73 Health Care Complaints Commission v Do [2014] NSWCA 307 Ohn v Walton (1995) 36 NSWLR 77 Tung v Health Care Complaints Commission [2011] NSWCA 219 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Kim John Street (Respondent) Representation: H Bennett (Applicant) T Healy (Respondent) K Mobbs, Health Care Complaints Commission (Applicant) D Fryatt, Stacks/The Law Firm (Respondent) File Number(s): 1420076 Publication restriction: Pursuant to clause 7 of Schedule 4D of the Health Practitioner Regulation National Law (NSW), publication or disclosure of the name, address or any evidence or information which might tend to or lead to the identification of the names of patients referred to in Schedule A of the Notice of Complaint, and wherever elsewhere referred to in the material before the Tribunal is prohibited.