Health Care Complaints Commission v Lo [2016] NSWCATOD 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Lo [2016] NSWCATOD 119 Hearing dates: 18, 19, 20, 21, 22 July 2016 Date of orders: 07 September 2016 Decision date: 07 September 2016 Jurisdiction: Occupational Division Before: O'Meally ADCJ, Principal Member Dr V de Carvalho, Professional Member Dr S Gani, Professional Member M Kelly, General Member Decision: (1) Pursuant to s149C(1)(b) of the Health Practitioner Regulation National Law, the respondent's registration is cancelled. (2) Pursuant to s149C(7) of the Health Practitioner Regulation National Law, the respondent may not apply for review of Order 1 for a period of 2 years from the date of this decision. (3) The respondent is to pay the applicant's costs as agreed or assessed. Catchwords: Unsatisfactory Professional Conduct – Professional Misconduct – Prescription of Schedule 4D and Schedule 8 drugs – without authority – without conducting appropriate assessment and examination of patients – in inappropriate combination – inappropriately in quantity and for a purpose not according with recognised therapeutic standards – when likely to be abused – without specialist referral – failing to keep adequate patient records Legislation Cited: Health Practitioner Regulation National Law (NSW) 2009 (No. 86a) Poisons and Therapeutic Goods Act 1966 Health Practitioner Regulation (NSW) Regulation 2010 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Spicer v New South Wales Medical Council (unreported CA No. 3 of 1981, 19 February 1981) Health Care Complaints Commission v Do [2014] NSWCA 307 Ex Parte Lenehan (1948) 77 CLR 403 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Kwong Yiu Lo (Respondent) Representation: Counsel: A Britt (Applicant} S Barnes (Respondent)