Health Care Complaints Commission v Daly [2015] NSWCATOD 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Daly [2015] NSWCATOD 113 Hearing dates: 24, 25, 26 and 27 August 2015 Date of orders: 19 October 2015 Decision date: 19 October 2015 Jurisdiction: Occupational Division Before: Boland J ADCJ (Deputy President) Dr M Higgins (Professional Member) Dr M Jarrett (Professional Member) Ms M Kelly (Lay Member) Decision: 1. Dr Christine Daly (the practitioner) is reprimanded. 2. The Australian Health Practitioner Regulation Agency is requested to record the reprimand and conditions on the practitioner's registration. 3. Conditions are imposed on the practitioner's registration in respect of prescribing Schedule 8 and Schedule 4D drugs. The conditions are critical compliance conditions. 4. The practitioner is to authorise the exchange of information between Medicare Australia and the Council or the Board 5. The practitioner is to appoint a mentor and undergo mentoring by a mentor approved by the Medical Council of NSW or if the practitioner resides in Queensland the Medical Board of Australia. 6. An auditor is appointed to audit the practitioner's medical practice and records. 7. The practitioner may not change her place of practice without prior approval of the Medical Board of Australia. 8. The practitioner must only practise if another general practitioner is on site at the practice. 9. The practitioner is to complete the course "Issues in General Prescribing" provided by Monash University. 10. If the practitioner resides in NSW the appropriate review body if the Medical Council of NSW or if she resides elsewhere in Australia s 125 to s127 of the Health Practitioner Regulation National Law shall apply. 11. The practitioner is to pay the HCCC's costs as agreed and failing agreement liberty to restore before the Tribunal. Catchwords: ADMINISTRATIVE LAW – Health Practitioner National Law 2014 (NSW). Where medical practitioner concedes her conduct in treatment of patients and failure to keep proper records constitutes unsatisfactory professional conduct and professional misconduct. Where practitioner disputes some particulars in the complaint. Whether or not practitioner's registration should be cancelled or suspended and or conditions imposed on her registration. Legislation Cited: Health Practitioner Regulation National Law (NSW) 86a Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2002 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Clyne v NSW Bar Association (1980) 104 CLR 166 Health Care Complaints Commission v Do NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v King [2013] NSWMT 9 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Ohn v Walton (1995) 36 NSWLR 77 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Spicer v New South Wales Medical Board (unreported NSWCA 3 of 1981 – 19 February 1981) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Christine Daly (Respondent) Representation: Counsel: Mr C O'Donnell (Applicant) Mr C Jackson (Respondent)