Health Care Complaints Commission v Norus [2017] NSWCATOD 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Norus [2017] NSWCATOD 158 Hearing dates: 8, 9 & 10 August 2017 Date of orders: 10 August 2017 Decision date: 10 August 2017 Jurisdiction: Occupational Division Before: Hon G Mullane ADCJ (Principal Member) Dr S Mares (Professional Member) Dr J Fogarty (Professional Member) Ms B Radcliffe (Lay Member) Decision: 1. The Respondent is guilty of Professional Misconduct

2. The Respondent is reprimanded.

3. The present conditions of the Respondent's registration as a medical practitioner are to continue for a further year from today and then be reviewed by the NSW Medical Council.

4. The Respondent's registration is subject to a further condition that he must not perform clinical work for more than 45 hours in one week or more than 9 hours in one day.

5. The Tribunal notes the assurance by the Respondent's counsel that he will promptly engage a general practitioner.

6. The Respondent must pay the costs of the Applicant of or incidental to these proceedings as agreed or as assessed.

7. Publication or Broadcast without the permission of the Tribunal of the name or other identifying information of any patient or family member of a patient in these proceedings is prohibited. Catchwords: Medical Practitioner – Disciplinary Proceedings – Failure to Maintain Professional Boundaries – Impairment by Vulnerability to Major Depression and Dependent and Narcissistic Personality Traits Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v MacGregor [2016] NSWCATOD 85; HCCC v Philipiah [2013] NSWCA342 R v Byrne (1995) 193 CLR 501. Texts Cited: "Code of Conduct for Doctors in Australia"; "Sexual Boundaries: Guidelines for Doctors" October 2011; New South Wales Medical Board Policy on Sexual Misconduct (1991); Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) David Norus (Respondent) Representation: Counsel: Mr P Aitken (Applicant) Ms T A Berberian (Respondent)