Health Care Complaints Commission v Schmidt [2016] NSWCATOD 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Schmidt [2016] NSWCATOD 145 Hearing dates: 15, 16, 17, 18, 19 and 22 August 201616 November 2016 Date of orders: 28 November 2016 Decision date: 28 November 2016 Jurisdiction: Occupational Division Before: Marks ADCJ, Principal Member Dr M Wroth, Professional Member Dr A Pesce, Professional Member Dr C Berglund, General Member Decision: (1) The appeal is dismissed (2) Costs are reserved with liberty to apply Catchwords: Medical practitioner - specialist obstetrician consumed alcohol while on call – argumentative interaction with patient- HELD did not constitute unsatisfactory professional conduct as particularised by HCCC Legislation Cited: Health Practitioner Regulation National Law, ss 139B, 145A, 150, 158 Health Care Complaints Act, 1993, ss 39, 90B Civil and Administrative Tribunal Act 2013, s38 Evidence Act, 1995, s144 Cases Cited: Lucire v Health Care Complaints Commission [2011] NSWCA 99 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32 Strinic v Singh [2009] NSWCA 15 Sullivan v Civil Aviation Safety Authority [2014] FCAFC 93 Woods v Multi-Sport Holdings Pty Ltd [2002] HCA 9 Aytugrul v The Queen [2012] HCA 15 Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd (No 4) [2010] FCA 482 Texts Cited: NSW Health Code of Conduct (PD2012_018) (the Code of Conduct), cl 4.1.1, 4.3.1, 4.3.2 Medical Board of Australia's "Good Medical Practice: A Code of Conduct for Doctors in Australia.", cl 3.2.1, 3.3.2