Health Care Complaints Commission v Quan [2018] NSWCATOD 111

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Quan [2018] NSWCATOD 111 Hearing dates: 20 June 2018 Date of orders: 13 July 2018 Decision date: 13 July 2018 Jurisdiction: Occupational Division Before: Boland, ADCJ, Deputy President Professor P Procopis, Senior Member Dr K Ilbery, Senior Member M Kelly, General Member Decision: 1. Dr Dick Cheong Quan (the practitioner) is cautioned. 2. The practitioner is to pay 50 per cent of the Health Care Complaints Commission's costs of and incidental to the proceedings as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONS AND TRADES – Health Practitioner – registered medical practitioner – Asserted wrongful prescribing and record keeping - Where practitioner concedes his conduct constitutes unsatisfactory professional conduct under the Health Practitioner Regulation National Law – whether the admitted conduct constitutes professional misconduct – consideration of appropriate protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law Legal Profession Uniform Law Application Act 2014 (NSW) Health Practitioner Regulation (New South Wales) Regulation 2010 Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34. Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630; [1997] NSWSC 297 Spicer v NSW Medical Council (unreported CA No 3 of 1981) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Dick Cheong Quan (Respondent) Representation: Counsel: R Mathur (Applicant) Dr P Dwyer (Respondent)