Health Care Complaints Commission v Robinson [2017] NSWCATOD 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Robinson [2017] NSWCATOD 147 Hearing dates: 18, 19 and 20 September 2017 Date of orders: 19 October 2017 Decision date: 19 October 2017 Jurisdiction: Occupational Division Before: F Marks ADCJ, Principal Member Dr D Storey, Professional Member Dr F Sardelic, Professional Member J Houen, Community Member Decision: 1. The respondent is found guilty of professional misconduct.

2. Consideration of whether the respondent is impaired is stood over for further hearing to the stage 2 hearing.

3. The further proceedings are stood over for stage 2 hearing on 7 and 8 February 2018 Catchwords: Medical practitioner – disagreement between surgeon and anaesthetist with respect to further conduct of operation – failure to attend to patient in a timely fashion – self prescription of medication – prescription of medication to close family member – finding of professional misconduct – doubt concerning finding of impairment despite concession by medical practitioner that impaired Legislation Cited: Health Practitioner Regulation National Law NSW Poisons and Therapeutic Goods Act 1966 Cases Cited: HCCC v Do [2014] NSWCA 307 Pillai v Messiter (No. 2) (1989) 16 NSWLR 197 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Gregory Leonard Robinson (Respondent) Representation: Counsel: S Maybury (Complainant) P Griffin SC (Respondent)