Health Care Complaints Commission v Joselito De Leon [2019] NSWCATOD 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Joselito De Leon [2019] NSWCATOD 43 Hearing dates: 14,15 November 2018 Date of orders: 29 March 2019 Decision date: 29 March 2019 Jurisdiction: Occupational Division Before: Hon G Mullane ADCJ Principal Member Dr G Albert Senior Member Dr N Kowalenko Senior Member Ms J Barker General Member Decision: 1. The Respondent is guilty of unsatisfactory professional conduct and professional misconduct. 2. The Respondent's Registration as a Medical Respondent is cancelled. 3. An application for review of the cancellation order (for a Reinstatement Order) may not be made until after 14 November 2022. 4. The Respondent must pay the Applicant a sum of $16,000 for its costs of or incidental to the proceedings. 5. The Registrar is requested to notify the Medical Council of New South Wales and the Australian Health Practitioner Regulation Authority of these orders as soon as practicable. Catchwords: Medical profession, disciplinary proceedings, breaching professional boundaries, breaching prescribing requirements, inadequate records, false evidence to Medical Council enquiry, prescribing without authority. Professional Misconduct. Legislation Cited: Health Practitioner Regulation National Law (NSW) (the "National Law"); Health Care Complaints Act 1993 (NSW); Health Practitioner Regulation (NSW) Regulation 2010; Poisons and Therapeutic Goods Act 1966 (NSW). Cases Cited: Health Care Complaints Commission v MacGregor [2016] NSWCATOD 85 Health Care Complaints Commission v Philipiah [2013] NSWCA 342; R v Byrne (1995) 193 CLR 501 Texts Cited: Medical Board of Australia 'Sexual Boundaries: Guidelines for doctors' published 28 October 2011 ('the Sexual Boundaries Guidelines') Good Medical Practice: A Code of Conduct for Doctors in Australia-March 2014, Medical Board of Australia. Category: Principal judgment Parties: Applicant: Health Care Complaints Commission Respondent: Joselito De Leon Representation: Counsel: Applicant: Mr P Aitken Respondent: Nil