Health Care Complaints Commission v Guard [2016] NSWCATOD 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Guard [2016] NSWCATOD 164 Hearing dates: 15, 16 and 19 December 2016 Date of orders: 19 December 2016 Decision date: 19 December 2016 Jurisdiction: Occupational Division Before: Marks ADCJ, Principal Member Dr K Keenan, Professional Member Dr H Wilson, Professional Member Prof P Macneill, General Member Decision: (1) The respondent is found guilty of professional misconduct (2) Practice conditions imposed (3) The respondent is to pay the costs of the complainant Catchwords: MEDICAL PRACTITIONER - failure to keep proper records - failure to obtain authority for prescription of drugs of addiction - finding of professional misconduct - reprimand and practice conditions imposed - costs order Legislation Cited: Health Care Complaints Act, 1993, ss39, 90B Health Practitioner Regulation (New South Wales) Regulation 2010, Clause 7, Schedule 2 Clauses 1, 2, 3 Health Practitioner Regulation National Law (NSW), ss 125, 127, 139B, 145A Poisons and Therapeutic Goods Act, 1966, s28 Poisons and Therapeutic Goods Regulation, Cls 111, 112, 119 Cases Cited: HCCC v Do [2014] NSWCA 307 HCCC v Dr Nemeth [2012] NSWMT 4 Spicer v NSW Medical Council (unreported, CA No.3 of 1981, 19 February 1981) Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Edwina Valmai Guard (Respondent) Representation: Counsel: P Dwyer (Complainant) C Jackson (Respondent)