Health Care Complaints Commission v Geary [2018] NSWCATOD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Geary [2018] NSWCATOD 15 Hearing dates: 12 December 2017 Date of orders: 14 February 2018 Decision date: 14 February 2018 Jurisdiction: Occupational Division Before: K O'Connor, ADCJ, Deputy President Dr G Smith, Senior Member Dr R Chapman-Konarska, Senior Member P Macneill, General Member Decision: The Tribunal finds the respondent guilty of professional misconduct.

The Tribunal orders that:

1. The respondent's registration be cancelled, as from the date of publication of this decision.

2. The respondent be prohibited for one year from applying for reregistration.

3. The respondent pay the applicant's costs of these proceedings, as agreed or assessed. Catchwords: PROFESSIONAL DISCIPLINE – Medical Profession – Application for Disciplinary Findings and Orders – Self-Prescribing – Treatment of Family Members – Impairment – Drug and Opioid Dependence – Alcohol – Lack of Competence – Finding of Professional Misconduct – Cancellation of Registration – Complaint that practitioner not a 'suitable person' to hold registration dismissed – Consideration of when complaint of this kind appropriate. Health Profession Regulation National Law (NSW), s 144. Legislation Cited: Health Profession Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Street [2014] NSWCATOD 124 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Sean Gerard Geary (Respondent) Representation: Counsel: S Maybury (Applicant) K Burke (Respondent)