Health Care Complaints Commission v Tan [2016] NSWCATOD 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Tan [2016] NSWCATOD 77 Hearing dates: 25 May 2016 Date of orders: 17 June 2016 Decision date: 17 June 2016 Jurisdiction: Occupational Division Before: Marks ADCJ, Principal Member Dr C Newberry, Professional Member Dr G Abouyanni, Professional Member A Gray, General Member Decision: 1. The respondent is found guilty of professional misconduct. 2. The respondent is disqualified from being registered as a medical practitioner for a period of three years from this date. 3. The National Board with which the respondent was registered is required to record the fact that we would have cancelled the registration of the respondent in the National Register kept by it. 4. The respondent is prohibited from directly providing on a private or public basis mental health services unless and until he is re-registered as a medical practitioner. 5. The respondent is to pay the costs of the complainant of these proceedings assessed in default of agreement. Catchwords: MEDICAL PRACTITIONER - over-prescription of drugs of addiction without authority - Held professional misconduct - registration cancelled Legislation Cited: Health Care Complaints Act, 1993, s39 Health Practitioner Regulation National Law (NSW), ss139B, 139E, 139G, 149C, Schedule 5D cl 12 Poisons and Therapeutic Goods Act, 1966 Cases Cited: Health Care Complaints Commission v Do [2014) NSWCA 307 Health Care Complaints Commission v Bao-Quy Nguyen-Phuoc (No 2) [2015] NSWCATOD 94 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Ghee Hong Michael Tan (Respondent) Representation: Counsel: A Petrie (Complainant) S Barnes (Respondent)