Health Care Complaints Commission v Kingston [2018] NSWCATOD 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Kingston [2018] NSWCATOD 28 Hearing dates: 21 – 24 November 2017 Date of orders: 27 November 2017 Decision date: 12 March 2018 Jurisdiction: Occupational Division Before: C Armitage ADCJ, Principal Member Dr M Diamond, Senior Member Dr A Reid, Senior Member J Houen, General Member Decision: 1. Pursuant to section 149C (4)(a) of the Health Practitioner Regulation National Law (the National Law), the Tribunal decides that if Dr Kingston were still registered as a medical practitioner it would have cancelled his registration on the register of health practitioners, in relation to medical practitioners, kept by the Medical Board of Australia and maintained by the Australian Health Practitioner Regulation Agency.

2. Pursuant to section 149C(4)(b) of the National Law Dr Kingston is disqualified from being registered as a medical practitioner in the medical profession for a period of three years from the date of these orders.

3. Pursuant to section 149C(4)(b) of the National Law the Tribunal requires the Medical Board of Australia to record, in the National Register kept by that Board, the fact that the Tribunal would have cancelled Dr Kingston's registration as a medical practitioner.

4. The Tribunal orders that three years must elapse from the date of these orders before Dr Kingston may make an application for a review under section 163A of the National Law to this Tribunal.

5. The Tribunal orders that Dr Kingston pay the applicants costs of these proceedings as agreed or assessed. Catchwords: PROFESSIONS AND TRADES –– health care professionals –– medical practitioners –– Health Practitioner Regulation National Law –– complaints of unsatisfactory professional conduct and professional misconduct ––self-prescribing –– practitioner prescribing drugs to person with whom practitioner had close personal relationship –– personal and sexual relationship –– prescribing excessive dosages –– inappropriate combination of medications Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation (New South Wales) Regulation 2010 Health Practitioner Regulation National Law (NSW) Cases Cited: Bowen-James v Walton (Court of Appeal (NSW), 5 August 1991, unrep) Briginshaw v Briginshaw (1938) 60 CLR 336 Health Care Complaints Commission v Dr Maendel [2013] NSWMT 3 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Ibrahim v Walton (Court of Appeal (NSW), 23 April 1991, unrep) Kalil v Bray (1977) 1 NSWLR 356 McLean Bros & Rigg Ltd v Grice (1906) 4 CLR 835 Minister for Health v Thomson (1985) 8 FCR 213 Pillai v Messiter [No 2] (1989) 16 NSWLR 197 Popovic v Tanasijevic (No 5) (2000) 34 ASCR 134 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Rich v Australian Securities and Investments Commission [2004] HCA 42 Sudath v HCCC [2012] NSWCA 171 Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP 45 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr David Kingston (Respondent) Representation: Counsel: A Britt (Applicant) R Mathur (Respondent)