Council of the Law Society of NSW v Orford (No 2) [2017] NSWCATOD 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Orford (No 2) [2017] NSWCATOD 10 Hearing dates: 19 December 2016 and by written submissions dated 20 December 2016 and 23 December 2016. Date of orders: 18 January 2017 Decision date: 18 January 2017 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President N Isenberg, Senior Member E Hayes, General Member Decision: 1. John Laurence Orford (the solicitor) is reprimanded.

2. The solicitor is fined $5000.

3. The following conditions are imposed on the solicitor's current practising certificate and for a period of five years during which he holds a practising certificate commencing 1 July 2017: Medical Conditions (a) within 14 days of these orders the solicitor at his own expense is required to establish a therapeutic relationship with a general practitioner of his choice (general practitioner). (b) within 28 days of these orders the solicitor is to notify the Director, Professional Standards, Law Society of NSW (Society) of the identity of the general practitioner. (c) the solicitor must undertake such medical treatment as his general practitioner or another appropriately qualified medical practitioner the general practitioner may recommend (d) the solicitor is to authorise the general practitioner or any other appropriately qualified medical practitioner referred to in (c) to notify the Society as soon as possible in the event of any failure by the solicitor to comply with clinical advices as to treatment and/or medication which may cause an adverse effect on the solicitor's ability to practise as a legal practitioner (e) within 28 days of the date of these orders the solicitor at his own expense is to establish a therapeutic relationship with a psychiatrist (treating psychiatrist of his choice (subject to the approval of the Society) for treatment as regularly and for such period as recommended by the treating psychiatrist. (f) the solicitor must, at his own expense, continue such medical treatment as his treating psychiatrist may recommend. (g) the solicitor is to authorise the treating psychiatrist to notify the Society as soon as possible in the event of any failure by the solicitor to comply with clinical advices as to treatment and/or medication or in the event there is any significant change or deterioration in the solicitor's mental state which may cause an adverse effect on the solicitor's capacity to practise as a legal practitioner. (h) within 28 days of the date of these orders the solicitor at his own expense is to provide a copy of this decision and orders and the decision in Council of the Law Society of NSW v Orford [2016] NSWCATOD 22 together with a copy of the three reports of Dr J Phillips dated 28 October 2015, 10 May 2016 and 22 June 2016, the report of Dr P Langluddecke dated 22 August 2016 and the report of Dr B Westmore dated 10 October 2016 to the general practitioner and the treating psychiatrist. (i) within 28 days of the date of this order the solicitor at his own expense is to provide to the Society written acknowledgements from the general practitioner and the treating psychiatrist that they are willing to make the notification contemplated by paragraphs 3 (d) and (g). (j) on or before 31March 2017 the solicitor is at his own expense is to notify the Society in writing advising of the dates of attendance on any treating psychiatrist in the preceding three month period and the date of the solicitor's next scheduled attendance(s). Thereafter notifications shall be made quarterly commencing on 30 June 2017 and thereafter on or before 30 September, 30 December, 30 March and 30 June each year unless and until the Society is provided with confirmation in writing from the treating psychiatrist that he or she no longer recommends treatment is required by the solicitor. (k) subject to paragraph 3(l) if the solicitor establishes an ongoing therapeutic relationship with another general practitioner (the substitute general practitioner) other than the general practitioner or another treating psychiatrist (the substitute treating psychiatrist) other than the treating psychiatrist, the conditions in paragraphs 3 (b) (c) (d) (e) (f) (g) (h) and (i) shall apply in respect of that substitute general practitioner and/ or substitute treating psychiatrist. (l) conditions except the obligations in 3(a) shall arise 14 days after the cessation of the solicitor's relationship with the general practitioner, and all other obligations arise within 28 days after the nomination of the substitute general practitioner or substitute treating psychiatrist.