Health Care Complaints Commissioner v Chamberlain [2017] NSWCATOD 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commissioner v Chamberlain [2017] NSWCATOD 122 Hearing dates: 24 July 2017 Date of orders: 09 August 2017 Decision date: 09 August 2017 Jurisdiction: Occupational Division Before: Wright J, President Dr C Newberry, Professional Member Dr R Chapman-Konarska, Professional Member Ms R Kusuma, Lay Member Decision: (1) If the respondent were still registered as a medical practitioner, the Tribunal would have cancelled his registration.

(2) The respondent is disqualified from being registered as a medical practitioner and is not eligible to make application for reinstatement to the register for a period of two years from the date of these orders.

(3) The National Board with which the respondent was registered is requested to record the fact that the Tribunal would have cancelled the respondent's registration in the National Register kept by the Board.

(4) Under s 64(1)(a) Civil and Administrative Tribunal Act 2013, the name of patient referred to as Patient A in the Health Care Complaints Commission's Complaint dated 23 December 2016 attached to the Application for Disciplinary Findings and Orders filed in these proceeding, and any other identifying information, is not to be disclosed.

(5) The respondent is to pay the Health Care Complaints Commission's costs of and incidental to these proceedings agreed in the sum of $15,000.00, within 28 days of the date of this order. Catchwords: OCCUPATIONS – professional discipline – medical practitioners – failure to provide appropriate care in relation to mental health condition – over-prescribing drugs of addiction – failure to maintain adequate medical records – whether proposed orders appropriately protect the health and safety of the public Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 38, 64 Health Practitioner Regulation National Law (NSW) ss 3, 3A, 4, 139B, 139E , 144, 149, 149C, Sch 5D cl 13, Health Practitioner Regulation (NSW South Wales) Regulation 2010 cl 7, Sch 2 cll 1, 2 Medical Practice Regulation 1998 cl 13, Sch 2 Medical Practice Regulation 2003 cl 5, Sch 2 Medical Practice Regulation 2008 cl 4, Sch 1 Poisons and Therapeutic Goods Act 1966 (NSW) s 28 Cases Cited: Briginshaw v Briginshaw (1936) 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 King v Health Care Complaints Commission [2011] NSWCA 353 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commissioner (Applicant) Daryl Austin Chamberlain (Respondent) Representation: Counsel: E Raper (Applicant) M Lynch (Respondent)