Health Care Complaints Commission v West [2017] NSWCATOD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v West [2017] NSWCATOD 39 Hearing dates: 27 February and 01 March 2017 Date of orders: 22 March 2017 Decision date: 22 March 2017 Jurisdiction: Occupational Division Before: Hon F Marks ADCJ, Principal Member Dr E Kok, Professional Member Dr R King, Professional Member Y Rowling, Community Member Decision: (1) The registration of the respondent as a medical practitioner is cancelled with effect 7 days from this date. (2) Pursuant to section 149C(7) of the National Law, an application for review of these orders is not to be made for a period of 24 months from this date. (3) The respondent is to pay the costs of the complainant assessed in default of agreement. Catchwords: MEDICAL PRACTITIONER - inappropriate prescription of drugs of addiction - inadequate clinical records - admissions by respondent Held- respondent guilty of professional misconduct -orders made cancelling registration and for payment of costs Legislation Cited: Health Care Complaints Act, 1993, ss39(2), 90B(3) Health Practitioner Regulation National Law (NSW), 139B, 139E , 149C(7) 145A Health Practitioner Regulation (NSW) Regulation, 2010, Sch 2 Poisons and Therapeutic Goods Act, 1966, s 28(3) Poisons and Therapeutic Goods Regulation, 2008, cls 27, 34, 79 Cases Cited: Pillai v Messiter (No. 2) (1989) 16 NSWLR 197 Spicer v NSW Medical Council (unreported, CA No.3 of 1981, 19 February 1981) Ex parte Tziniolis: Re the Medical Practitioners Act (1996) 67 SR (NSW) 448 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr David George West (Respondent) Representation: Counsel: A Britt (Applicant) M Hutchings (Respondent)