Knowles v Medical Council of New South Wales [2019] NSWCATOD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Knowles v Medical Council of New South Wales [2019] NSWCATOD 46 Hearing dates: 18 February 2018; Supplementary Submissions 19 March 2019 Date of orders: 03 April 2019 Decision date: 03 April 2019 Jurisdiction: Occupational Division Before: Cowdroy OAM QC ADCJ, Principal Member Dr H Haikal-Mukhtar, Senior Member Prof. P Procopis, Senior Member M Kelly, General Member Decision: 1. The suspension imposed pursuant to section 150 (1) (a) of the National Law against the appellant on 20 November 2018 be set aside subject to the appellant complying with the conditions set out hereunder as set out in the conditions set out hereunder: 2. To practise only in a group practice approved by the Medical Council of NSW where there are at least 2 other registered medical practitioners (excluding the subject practitioner): a. Where the patients and patient records are shared between the medical practitioners. b. Where there is always at least one other registered medical practitioner on site. 3. To practice no more than 35 hours a week and on no more than 5 days per week. 4. To treat no more than 35 patients in any one day. 5. Not to possess, supply, administer or prescribe any "drug of addiction" (Schedule 8 drug) as defined by the Poisons and Therapeutic Goods Act 1996 (NSW). a. To provide written evidence to the Medical Council of NSW that he has attended the offices of the Pharmaceutical Regulatory Unit and consented to an Order being made under the Poisons and Therapeutic Goods Regulation 2008 (NSW) to prohibit him from possessing , supplying, administering or prescribing any Schedule 8 drug by 15 April 2019. 6. Not to possess, supply, administer or prescribe any substance listed in Appendix D of the Poisons and Therapeutic Goods Regulation 2008 (NSW). a. To provide written evidence to the Medical Council of NSW that he has attended the offices of the Pharmaceutical Regulatory Unit and consented to an Order being made under the Poisons and Therapeutic Goods Act 1996 (NSW) to prohibit him from possessing, supplying, administering or prescribing any Schedule 4 drug listed in Appendix D of the Poisons and Therapeutic Goods Regulation 2008 (NSW) by 15 April 2019. 7. The appellant is to submit to the supervision by another medical practitioner as determined by the respondent; to practice under category B supervision in accordance with the Medical Council of NSW Compliance Policy Supervision (as varied from time to time) and as subsequently determined by the appropriate review body. 8. To forward evidence to the Medical Council of NSW within 7 days of recommencing practice that he has provided a copy of the decision to: the Principal/owner of practice and/or the responsible senior officer in any place that he works (including any locum agencies and hospitals). 9. Within 7 days of change in the nature or place of his practice, he is to forward evidence to the Medical Council of NSW that he has provided a copy of this decision to: the Principal/owner of practice and/or the responsible senior officer in any place that he works (including any locum agencies and hospitals). 10. To authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia for the purpose of monitoring compliance with these conditions. 11. To authorise and consent to any exchange of information between the Medical Council of NSW and future relevant persons or organisations at locations where he works as a medical practitioners in Australia or any issues arising in relation to compliance with these conditions. Health Conditions 12. Not to prescribe for self-medication. 13. To attend for treatment by a general practitioner of his choice. The frequency of treatment is to be determined by the treating practitioner. The practitioner: a. is to authorise the treating practitioner to inform the Medical Council of NSW of any of the following: failure to attend for treatment, termination of treatment, or a significant change in health status (including a significant temporary change). b. must provide the Council with the professional details of the treating practitioner. 14. To take any medication as prescribed by his treating practitioners. Costs 15. Each party is to pay the costs of its application, unless an application is made by either party for a different order within 21 days of the date of publication of this decision. Catchwords: PROFESSIONS AND TRADES – health care professionals – medical practitioners – disciplinary proceedings – application for a stay pursuant to section 159C of the National Law in respect of suspension imposed by Medical Council of New South Wales following hearing pursuant to section 150 of the National Law Legislation Cited: Health Practitioner Regulation National Law 2009 (NSW) Poison and Therapeutic Goods Act 1996 (NSW) Cases Cited: Berger v Council of the Law Society of NSW [2013] NSWSC 1080 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 HCCC v Philipiah [2013] NSWCA 342 I v Medical Board of Australia [2011] SAHPT 18 Kozanglou v Pharmacy Board of Australia [2012] VSCA 295 Lee v Medical Council of NSW [2017] NSWCA 282 Lindsay v New South Wales Medical Board [2008] NSWSC 40 R and Medical Board of Australia [2013] WASAT 28 Category: Principal judgment Parties: Dr Knowles (Applicant) Medical Council of NSW (Respondent) Representation: Counsel: S Barnes (Applicant) R Bhalla (Respondent)