Health Care Complaints Commission v Epstein [2015] NSWCATOD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Epstein [2015] NSWCATOD 21 Hearing dates: 24-28 November, 1-5 and 8-12 December 2014 and by written submissions received 23 December 2014 and 23 January 2015. Date of orders: 30 March 2015 Decision date: 30 March 2015 Jurisdiction: Occupational Division Before: J Boland ADCJ, Deputy President Professor D Chisholm, Professional Member Dr K Ilbery, Professional Member A Gray, Lay Member Decision: 1.The Stage 2 proceedings are listed for hearing on 16 and 17 April 2015 at 10a.m.

2. The parties shall file and serve written submissions in respect of appropriate protective orders and costs on or before 13 April 2015.

3. The venue for the Stage 2 hearing is HPCA, Level 6, 477 Pitt Street Sydney. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal Act 2013 (NSW) – Health Practitioner Regulation National Law. Where asserted practitioner is guilty of unsatisfactory professional conduct and professional misconduct in treating patients for whom anabolic steroids were prescribed – Whether practitioner's treatment in accordance with therapeutic standard and appropriate in circumstances. Where practitioner failed to keep adequate medical records – Where practitioner failed to report to referring doctors – Where practitioner did not carry out physical examinations of patients – where asserted practitioner prescribed for anabolic steroid abusers –where practitioner treated close relative. HELD Unsatisfactory professional conduct and professional misconduct established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Health Practitioner Regulation National Law Medical Practice Act 1992 (NSW)( repealed) Medical Practice Regulations 2003 (repealed) Medical Practice Regulations 2008 (repealed) NCAT Procedural Direction 3 (Expert Evidence) Poisons and Therapeutic Goods Regulations 2002 (repealed) Poisons and Therapeutic Goods Regulations 2008 Uniform Civil Procedure Rules 2005 Cases Cited: Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd [2015] HCA 7 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Clyne v NSW Bar Association [1960] HCA 40; 104 CLR 186 Dasreef Pty Ltd v Hawchar [2011] HCA 21; 243 CLR 588 Don Nai Hsi Huang v Walton (Court of Appeal (NSW) 20 April 1993, unreported Donnelly v HCCC [2011] NSWSC7 HCCC v King [2011] NSWCA 353 HCCC v Perroux [2011] NSWDC 99 HCCC v Quach [2015] NSWCATOD 2 Lucire v HCCC [2011] NSWCA 99 Pillai v Messiter (No 2) 1889 16 NSWLR 197 Re Dr Vitols (NSWMT) unreported 4 May 2010 Texts Cited: HIV Clinical Trials (2010) 11(4) 220-229 Perry-Keene, D "Low testosterone in men" Australian Prescriber (Vol 37 Number 6 December 2014) Sonksen Prof P J.Clin.Edocrinol. Metab 2013,98;2270-73 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Julie Epstein (Respondent) Representation: Counsel: K Eastman SC with L Ferendaz (Applicant) P Greenwood SC with C Melis (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Dibbs Barker (Respondent) File Number(s): 1420064 Publication restriction: A non-publication order restricting the publication by any person of the names of the patients appearing in the Schedule to the Complaint except the parties to these proceedings and the Medical Council of NSW was made on 24 November 2014