Health Care Complaints Commission v De Saxe [2017] NSWCATOD 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v De Saxe [2017] NSWCATOD 135 Hearing dates: 14-16 August 2017 Date of orders: 12 September 2017 Decision date: 12 September 2017 Jurisdiction: Occupational Division Before: D Cowdroy OAM QC, ADCJ, Principal Member Dr J Dunn, Professional Member Dr A Reid, Professional Member P Macneill, Lay Member Decision: (1) The Practitioner is guilty of professional misconduct in respect of the complaints referred to in proceedings 2016/00378716 (1620154).

(2) The Practitioner is guilty of professional misconduct in respect of the findings made against the Practitioner in proceedings 2017/00089410.

(3) The Practitioner be suspended from practice forthwith, pursuant to s.165L(3)(c) of the National Law. Catchwords: Medical Practitioner: practitioner engaging in sexual conduct with patients – practitioner prescribing inappropriately for patient – practitioner prescribing for self-medication – practitioner failing to maintain proper records – practitioner failing to communicate with other treating specialists of patient – complaints of unsatisfactory professional conduct constituting professional misconduct established Legislation Cited: Health Practitioner Regulation (NSW) Regulation 2010 Health Practitioner Regulation National Law (NSW) Medical Practice Regulation 2008 (repealed) Poisons and Therapeutic Goods Act 1996 Poisons and Therapeutic Goods Regulation 2008 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Ian De Saxe (Respondent) Representation: Counsel: Mr Fernandez (Applicant) Mr Barnes (Respondent)