Health Care Complaints Commission v Echano [2018] NSWCATOD 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Echano [2018] NSWCATOD 30 Hearing dates: 8 and 9 February 2018 Date of orders: 05 March 2018 Decision date: 05 March 2018 Jurisdiction: Occupational Division Before: K O'Connor, AM, ADCJ, Deputy President Dr H Wilson, Senior Member Dr S Howle, Senior Member S Lovrovich, General Member Decision: (1) That the respondent's registration be cancelled as from the date of publication of this decision and that he not be permitted to apply for review for one year from the date.

(2) That the respondent pay the applicant's costs of the proceedings. Catchwords: PROFESSIONAL DISCIPLINE - Medical Practitioner - Prescription of Opioids to Patients with history of drug dependence or drug abuse - Failure to keep adequate records - Professional Misconduct - Consideration of Appropriate Order - Not satisfied that unfitness demonstrated by the misconduct has been redressed by rehabilitative steps taken in last two years - Order of cancellation. Legislation Cited: Health Practitioner Regulation National Law (NSW), no 86a Health Practitioner Regulation (NSW) Regulation 2010 Poisons and Therapeutic Goods Act 1966 Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 NSW Bar Association v Meakes [2006] NSWCA 340 Health Care Complaints Commission v Do [2014] NSWCA 307 Spicer v NSW Medical Council (unreported, NSWCA, 19 February 1981) Health Care Complaints Commission v Lo [2016] NSWCATOD 119 Health Care Complaints Commission v Suri [2016] NSWCATOD 54 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Arthur Macaro Echano (Respondent) Representation: Counsel: A Britt (Applicant) C Magee (Respondent)