Health Care Complaints Commission v Vigours [2018] NSWCATOD 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Vigours [2018] NSWCATOD 40 Hearing dates: 19, 20 & 21 September 2017 Date of orders: 19 March 2018 Decision date: 19 March 2018 Jurisdiction: Occupational Division Before: Hon G Mullane ADCJ, Principal Member; Dr T Salonga, Senior Member; Dr C Barnes, Senior Member; Dr C Berglund, General Member Decision: (1) The Respondent practitioner is guilty of professional misconduct;

(2) The respondent practitioner is reprimanded;

(3) The respondent's registration as a medical practitioner is cancelled;

(4) The Respondent may not apply for review of this cancellation until after three months from the date of these orders;

(5) The respondent must pay the applicant's costs of or incidental to the proceedings as agreed or as assessed; and

(6) Broadcast or publication of the name or other identifying information of a patient referred to in these reasons without leave of the Tribunal is prohibited. Catchwords: Medical practitioners- disciplinary proceedings- breach of professional boundaries, treating partner, treating de facto wife. supplying medications from hospital to partners, prescribing without proper assessment and failure to make clinical notes, professional misconduct- Cancellation Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: HCCC v Philipiah [2013] NSWCA 342; Health Care Complaints Commission v MacGregor [2016] NSWCATOD 85; R v Byrne (1995) 193 CLR 501 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Samuel John Vigours, (Respondent) Representation: Counsel: Ms R Mather (Applicant) Ms K Burke (Respondent)