Health Care Complaints Commission v Huber [2017] NSWCATOD 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Huber [2017] NSWCATOD 68 Hearing dates: 21 March 2017 Date of orders: 09 May 2017 Decision date: 09 May 2017 Jurisdiction: Occupational Division Before: K O'Connor, AM, ADCJ, Deputy President Dr M Diamond, Professional Member Dr C Newberry, Professional Member A Glass, General Member Decision: The Tribunal finds the respondent guilty of professional misconduct. If the respondent were still registered the Tribunal would have cancelled his registration (see s 149C(4)(a) of the National Law). 1. The respondent is disqualified from being registered in the health profession and is not eligible to make application for reinstatement to the register for a period of three years from the date of these orders (s 149(4)(b)). 2. The National Board with which the respondent was registered is required to record the fact that the Tribunal would have cancelled the respondent's registration in the National Register kept by the Board (s 149C(4)(c)). 3. The respondent is to pay the applicant's costs of the proceedings, as agreed or assessed. Catchwords: PROFESSIONAL MISCONDUCT – Medical Practitioner – Adequacy of practitioner's care and treatment of the patient for excessive use of alcohol and drugs – adequacy of prescribing practices in relation to Schedule 4 and Schedule 8 drugs – invitation to patient to move into his home – patient moves into home – social and sexual relationship – violation of professional boundaries – finding of professional misconduct – appropriate orders. Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Health Care Complaints Commission v Wingate (2007) 70 NSWLR 323 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Health Care Complaints Commission v Smith [2015] NSWCATOD 85 Health Care Complaint Commission v Marino [2016] NSWCATOD 37 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Meakes v NSW Bar Association [2006] NSWCA 340 R v Byrnes (1995) 183 CLR 501 Richter v Walton (NSW Court of Appeal, 15 July 1993, unreported) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Miodrag Huber (Respondent) Representation: Counsel: L Fernandez (Applicant) S Barnes (Respondent)