Health Care Complaints Commission v Chong [2017] NSWCATOD 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chong [2017] NSWCATOD 81 Hearing dates: 19 - 20 October 2016 Date of orders: 22 May 2017 Decision date: 22 May 2017 Jurisdiction: Occupational Division Before: Hon G Mullane ADCJ, Principal Member Dr L King, Professional Member Dr M Cox, Professional Member Associate Prof P MacNeill, Lay Member Decision: (1) The Respondent is guilty of professional misconduct.

(2) The Respondent practitioner is reprimanded.

(3) The Medical Council of NSW is the appropriate review body for the purposes of Part 8 Division 8 of the Health Practitioner Regulation National Law (NSW).

(4) Sections 125 to 127 of the Health Practitioner Regulation National Law are to apply should the Respondent practitioner's principal place of practice be anywhere in Australia other than in New South Wales, so that the appropriate review body in those circumstances is the Medical National Board.

(5) Not to possess, supply, administer or prescribe any 'drug of addiction' (Schedule 8 drug) as defined by the Poisons and Therapeutic Goods Act 1966 (NSW) except to prescribe to a patient in the following nursing home facilities: (a) W R – 3 Dalmar Place, Carlingford; (b) RE Tebutt Lodge – 40a Stewart St, Dundas; (c) BCS Yallambi Centre – 268 Pennant Hills Rd, Carlingford.

(a) Order 5 is to remain in effect until the practitioner has provided documentary evidence to the Council that he has satisfactorily completed the following course "Issues in general practice prescribing" offered by Monash University.