Ristevski v Medical Council of NSW [2016] NSWCATOD 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ristevski v Medical Council of NSW [2016] NSWCATOD 18 Hearing dates: 2 May 2016 Date of orders: 01 June 2016 Decision date: 01 June 2016 Jurisdiction: Occupational Division Before: K P O'Connor, AM, ADCJ, Deputy President Dr S Messner, Professional Member Dr J Fogarty, Professional Member Dr C Berglund, General Member Decision: (1) Pursuant to s 163B(1)(c) [NSW] of the Health Practitioner Regulation National Law (National Law), the Tribunal grants the applicant's application for reinstatement. (2) Pursuant to s 163B(4) [NSW] of the National Law, the Tribunal imposes the following conditions on the applicant's registration as a medical practitioner: 1. To practise only in a group practice approved by the Medical Council of NSW (the Council) where there are at least two registered medical practitioners (excluding the subject practitioner) where: (a) The patients and the patient records are shared between the medical practitioners; (b) There is always one other registered medical practitioner on site. 2. To practise under Category B supervision in accordance with the Council's Compliance Policy – Supervision (as varied from time to time) and as subsequently determined by the appropriate review body. (a) To authorise the Council to provide proposed and approved supervisors with: (i) A copy of the decision of the Civil and Administrative Tribunal of NSW which imposed these conditions (NCAT decision). (ii) A copy of the decision of the NSW Medical Tribunal – Health Care Complaints Commission v Dr Ristevski [2012] NSWMT 23. (iii) A copy of the judgment of the District Court, 16 February 2011, 2009/64472, Kiro Ristevski v R (b) At each supervision meeting the practitioner is to review and discuss his practice with his approved supervisor with particular focus on: (i) Communication issues; (ii) Workload; (iii) Clinical performance; (iv) Medical record reviews; (v) Patient follow-up. 3. To practise no more than 40 hours per week, inclusive of supervision time and practice administration time. 4. Within seven days of the end of each calendar month, he is to provide the Council with a record of the number of hours worked per week. The report must include the following: (a) The number of hours of patient consultation; (b) The number of hours of practice administration; (c) The number of hours spent in direct discussion with the supervisor. The report is to be signed by the Council-approved supervisor 5. To nominate an experienced general practitioner to act as his professional mentor for approval by the Council in accordance with the Council's Compliance Policy – Mentoring (as varied from time to time) and as subsequently determined by the appropriate review body. (a) To authorise the Council to provide proposed and approved mentors with each of the decisions referred to in condition 2(a). (b) At each mentoring meeting the practitioner is to include discussion of the following: (i) Initially the issues highlighted in these decisions and then any personal and/or medical practice issues that may arise. (c) To authorise the mentor to report, in an approved format, to the Council every six months about the fact of contact, and to inform the Council if there is any concern about his professional conduct, or personal wellbeing. 6. To authorise and consent to any exchange of information between the Council and Medicare Australia for the purpose of monitoring compliance with these conditions. 7. To attend for treatment by a psychiatrist of his choice, at a frequency to be determined by the treating psychiatrist. To authorise the treating psychiatrist to inform the Council of failure to attend for treatment, termination of treatment or if there is a significant change in health status (including a significant temporary change). 8. To complete within 12 months of the date of the NCAT decision the Ethics Course organised by Monash University's School of Medicine Department of General Practice: (a) Within two months of the date of the NCAT decision he must provide evidence to the Medical Council of NSW of his enrolment in the abovementioned course. (b) Within one month of completing the abovementioned course, he is to provide documentary evidence to the Council that he has satisfactorily completed the course. (c) To bear responsibility for any costs incurred in meeting this condition. (d) In the event that the Ethics Course is unavailable, he must propose to the Council for approval a similar course to be undertaken in accordance with the requirements of this condition no later than two months from the date of these conditions. Additional orders. 1. The Medical Council is the appropriate review body for the purposes of Part 8, Division 8 of the National Law. 2. Sections 125 to 127 of the National Law are to apply whilst the practitioner's principal place of practice is anywhere in Australia other than in New South Wales, so that a review of these conditions can be conducted by the Medical Board of Australia. (3) The applicant is ordered to pay the respondent's costs of the proceedings. Catchwords: PROFESSIONAL DISCIPLINE – Former Medical Practitioner – Application for Reinstatement. Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Practitioner Regulation National Law, No 86a (NSW) Cases Cited: Ameisen v Medical Council of New South Wales [2015] NSWNCATOD 49 Dawson v Law Society [1989] NSWCA 58 Donnelly v Health Care Complaints Commission [2014] NSWCATOD 155 Ex p Tziniolis (1966) 67 SR (NSW) 448 Kazmierczak v NSW Medical Board (unreported, NSW Medical Tribunal, 6 May 2010) Mnywandu v Health Care Complaints Commission [2015] NSWCATOD 43 Reimers v Medical Council of NSW {2015] NSWCATOD 38 Re Mansoor Hider Zaidi [2006] NSWMT 6 Roberts v Medical Council of New South Wales [2015] NSWCATOD 35. Category: Principal judgment Parties: Kiro Ristevski (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: E Pike SC (Applicant) B Baker (Respondent)