Health Care Complaints Commission v Saldevar [2015] NSWCATOD 96

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Saldevar [2015] NSWCATOD 96 Hearing dates: 9, 10 & 11 March 2015 and 14 August 2015 Date of orders: 14 August 2015 Decision date: 14 August 2015 Jurisdiction: Occupational Division Before: F Marks ADCJ, Principal Member Dr S Toh Professional Member Dr V Sutton Professional Member R Kelly Lay Member Decision: The respondent is reprimanded. Practice conditions are imposed in relation to the respondent's prescribing rights, audit, mentoring supervision, practice arrangements and review as set out below. The respondent is to pay the applicant's costs of these proceedings. Catchwords: Medical practitioner – whether practitioner guilty of professional misconduct – small cohort of patients – Held reprimand and imposition of practice conditions appropriate – costs order made Legislation Cited: Health Care Complaints Act, 1993, ss 39(2), 90B(3) Health Practitioner Regulation National Law (NSW), ss 125, 127, 139E, 145A, 149C Health Practitioner Regulation (NSW) Regulation, 2010, Clause 7, Schedule 2 Poisons and Therapeutic Goods Act 1966, s28(3) Poisons and Therapeutics Goods Regulation 2008, clause 38, clause 82 Health Records and Information Privacy Act, 2012, s25(1) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Ferdinand Saldevar (Respondent) Representation: Counsel: C O'Donnell (Applicant) G Butler (Respondent)