Health Care Complaints Commission v Mobilia [2015] NSWCATOD 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Mobilia [2015] NSWCATOD 52 Hearing dates: 20 April 2015 Decision date: 03 June 2015 Jurisdiction: Occupational Division Before: W Haylen, ADCJ Dr V Sutton, Professional Member Dr M Higgins, Professional Member Dr K Sundquist, Lay Member Decision: 1. Respondent's conduct found to constitute unprofessional misconduct. 2. Respondent reprimanded and to practice subject to conditions. 3. Respondent to pay the costs of the Applicant. Catchwords: Application alleging unsatisfactory professional conduct and professional misconduct – prescription of Schedule 4D and 8 drugs of addiction without obtaining authority – failure to conduct appropriate assessment and examination of patients – failure to keep proper medical records Legislation Cited: Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act Poisons and Therapeutic Goods Regulation Medical Practice Regulation 2003,2008 Health Practitioner Regulation (NSW)Regulation 2010 Cases Cited: NSW Bar Association v Cummins [2001] NSWCA 284 HCCC v Do (2014) NSWCA 307 Clyne v NSW Bar Association (1960) 104 CLR 186 HCCC v Litchfield [1997] NSWSC 297;(1997) 41 NSWLR 630 Prothonotary of NSW Supreme Court v Ritchard NSWCA 415 of 1986 (unreported 31/7/87) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr G Mobilia (Respondent) Representation: Counsel: CP O'Donnell (Applicant) M Lynch (Respondent)