Health Care Complaints Commission v Cusi (No.2) [2018] NSWCATOD 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Cusi (No.2) [2018] NSWCATOD 123 Hearing dates: 26 July 2018 Date of orders: 06 August 2018 Decision date: 06 August 2018 Jurisdiction: Occupational Division Before: D A Cowdroy ADCJ, Principal Member Associate Professor A Garnham, Senior Member Dr S Howle, Senior Member S Lovrovich, General Member Decision: (1) The practitioner is reprimanded; (2) The practitioner is subject to the following practice conditions: (a) To complete within six months of the date of the Stage 2 decision, or a date as to be determined by the Medical Council of NSW, educational courses, approved by the Medical Council of NSW, in relation to the following areas: (i) Obtaining informed consent; (ii) Effective patient communication; (iii) Engaging with and treating vulnerable patients. (b) Within one month of completing the abovementioned courses, the practitioner is to provide evidence to the Council that he has satisfactorily completed the courses. (c) The practitioner is to bear the responsibility for any costs incurred in meeting this condition. (d) To nominate a registered experienced sports physician to act as his professional mentor for approval by the Medical Council of NSW in accordance with the Medical Council of NSW's Compliance Policy – Mentoring; (e) To be mentored for a minimum period of 12 months and subsequently determined by the Council. (f) Sections 125 and 127 of the Health Practitioner Regulation National Law (NSW) are to apply should the practitioner's principal place of practice be anywhere in Australia other than in New South Wales, so that the appropriate review body in those circumstances is the relevant National Board. (g) The Medical Council of NSW is the appropriate review body for the purposes of Part 8, Division 8 of the Health Practitioner Regulation National Law (NSW). (3) The respondent is to pay one half of the applicant's costs of these proceedings. Catchwords: MEDICAL PRACTITIONER – finding of unsatisfactory professional conduct – disciplinary sanctions Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Cusi [2018] NSWCATOD 83 Health Care Complaints Commission v Do [2014] NSWCA 307 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant)