Health Care Complaints Commission v Reid [2018] NSWCATOD 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Reid [2018] NSWCATOD 162 Hearing dates: 11, 12, 13, 14, 15, 18, 19, 20, 21 and 22 December 2017 and 13 April 2018 and submissions dated 11 May 2018. Date of orders: 24 September 2018 Decision date: 24 September 2018 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Clinical Professor M Nicholl, Senior Member Dr J Lee, Senior Member J Houen, General Member Decision: 1. If Richard Ian Reid (the practitioner) had been registered as at the date of these orders the Tribunal would have made an order cancelling his registration pursuant to s 149C (4) (a) of the Health Practitioner Regulation National Law (the National Law). 2. Pursuant to s 149C (4) (b) of the National Law the Tribunal orders that the practitioner is disqualified from being registered for five years from the date of these orders. 3. The Registrar is requested to notify the Medical Board of Australia that it should pursuant to s 149C (4) (c) of the National Law record on the register the fact the Tribunal would have cancelled the practitioner's registration if he had been registered. 4 Either party may lodge with the Registrar within 21 days of these orders submission in writing not exceeding four pages in respect of any application for costs. 5. In the alternate to order (4) the parties may lodge with the Registrar within 21 days of the date of this decision any consent order about costs. Catchwords: PROFESSIONS AND TRADES – health care professionals – medical practitioners – disciplinary proceedings – professional misconduct – departure from accepted standards – former registered medical practitioner – where claims that practitioner guilty of unsatisfactory professional conduct and professional misconduct – where asserted practitioner's clinical skills and judgment in respect of surgeries performed below standard of a practitioner of equivalent level of training or expertise – where asserted practitioner engaged in improper and ethical behaviour in respect of female patient – where asserted practitioner engaged in false and misleading conduct – where practitioner's record keeping asserted to be inadequate – where asserted practitioner breached conditions on his registration Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Act 2004 (NSW) (repealed) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Health Practitioner Regulation (New South Wales) Regulation 2010 (NSW) (repealed) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v NSW Bar Association (1960) 104 CLR 186; [1960] HCA 40 DL v The Queen [2018] HCA 26 Dr Reid v Medical Council of NSW [2014] NSWCATOD 152 Health Care Complaints Commission v Little [2016] NSWCATOD 146 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Perera [2018] NSWCATOD 112 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Medical Council of NSW v Lee [2017] NSWCA 282 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Richard Ian Reid (Respondent) Representation: Counsel: Ms K Richardson SC with Mr C Mitchell (Applicant) Dr P Dwyer (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Browns Legal & Consulting (Respondent) File Number(s): 2017/00009430 Publication restriction: On 11 December 2017 an order was made under Cl 7 of Schedule 5D of the Health Practitioner Regulation National Law prohibiting publication of the names of the Patients set out in the Schedule to the Amended Complaint to any person or entity save the Medical Council of NSW.