Health Care Complaints Commission v Chen (No.2) [2018] NSWCATOD 130

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chen (No.2) [2018] NSWCATOD 130 Hearing dates: 24 July 2018 Date of orders: 13 August 2018 Decision date: 13 August 2018 Jurisdiction: Occupational Division Before: D A Cowdroy ADCJ, Principal Member Dr K Arnold, Professional Member Dr M Higgins, Professional Member M Kelly, General Member Decision: (1) The Tribunal, pursuant to section 149C(1)(a) and section 149C(1)(b) of the Health Practitioner Regulation National Law (NSW) orders that the respondent's registration as a medical practitioner be cancelled, and that the respondent not apply for reregistration for a period of two years from the date of this decision. (2) The Tribunal orders that the respondent pay the costs of this application. Catchwords: PROFESSIONS AND TRADES – Medical practitioner – prescribing drugs for depression where no authorisation existed for the use of such drugs for depression – practitioner failing to adequately investigate medical history of patients – practitioner prescribing only such drug without regard to alternative-treatments – practitioner claiming to act as prescribe of such drug and not acting as medical practitioner – prescribing drug for home use without regard to vulnerability of patients – disciplinary sanction Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) No 86a Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Chen [2018] NSWCATOD 73 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield [1997] NSWCA 264 Prakash v HCCC [2006] NSWCA 153 Category: Consequential orders (other than Costs) Parties: Health Care Complaints Commission (Applicant) Dr Lei Min Chen (Respondent) Representation: Counsel: A Petrie (Applicant) P Griffin (Respondent)