Health Care Complaints Commission v Chen [2016] NSWCATOD 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chen [2016] NSWCATOD 144 Hearing dates: 5,6,7,8 September and 26 October, 2016 Date of orders: 28 November 2016 Decision date: 28 November 2016 Jurisdiction: Occupational Division Before: Marks ADCJ, Principal Member Dr H Knox, Professional Member Dr E Kok, Professional Member Mr C Gardiner, General Member Decision: (1) Registration of the respondent is cancelled. (2) This order is to take effect 14 days after the publication of these reasons (3) An application for review may not be made for a period of 18 months from the date of these orders (4) The respondent is to pay the complainant's costs of these proceedings Catchwords: Medical practitioner-inappropriate prescribing of drugs of addiction- no authority to prescribe-medical record keeping inadequate- professional misconduct-burden of establishing mitigating factors on respondent-cancellation of registration-costs Legislation Cited: Health Practitioner Regulation National Law Health Practitioner Regulation National Law Regulation Poisons and Therapeutic Goods Act 1966 Poisons and Therapeutic Goods Regulation Cases Cited: HCCC v Do [2014] NSWCA 307 HCCC v Dr Nemeth [2012] NSWMT 4 Health Care Complaints Commission v Dr Jamieson [2014] NSWCATOD 56 Ex parte Tziniolas : Medical Practitioners Act (1996) 67 SR (NSW) 448 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Mengyi Chen (Respondent) Representation: Counsel: P Aitken (Complainant) M Lynch (Respondent)