Riley v Health Care Complaints Commission [2019] NSWCATOD 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Riley v Health Care Complaints Commission [2019] NSWCATOD 54 Hearing dates: 11 February 2019 Date of orders: 12 April 2019 Decision date: 12 April 2019 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member Associate Professor Peter L. Klineberg, FANZCA, Senior Member Dr Veronica Payne, MBBS (Hons), FANZCA, Senior Member Ms Jeanette Baker, General Member Decision: 1. Pursuant to s. 149A(1)(a) of the National Law Dr Jonathon Riley is cautioned in relation to his record making in respect to a procedure performed by him as an anaesthetist on 15 April 2013. Catchwords: PROFESSIONS AND TRADES – health and professionals – medical practitioners – disciplinary proceedings – appeal pursuant to section 158 of the National Law in respect of a reprimand imposed by the Medical Council of New South Wales South Wales. Legislation Cited: Health Practitioner Regulation (NSW) Regulation 2010 Health Practitioner Regulation National Law (NSW) No 86a ("the National Law") Legal Professions Act 2004 (NSW) Medical Practice Act 1992 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Health Care Complaints Commission v A Medical Practitioner [2001] NSWCA 158 Health Care Complaints Commission v Do [2014] NSWCA 307 (HCCC v Do) Health Care Complaints Commission v Halder [2011] NSWMT 8 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Mercurio [2017] NSWCATOD 136 Manly Council v Malouf (2004) 61 NSWLR 394 Texts Cited: Black's Medical Dictionary Butterworths Australian Legal Dictionary DC Pearce and RS Geddes 7th Ed Oxford Concise Medical Dictionary (8th Ed) Category: Principal judgment Parties: Dr Riley (Appellant) Health Care Complaints Commission (Respondent) Representation: Counsel: Cheney R. SC (Applicant) Webster C. SC (Respondent)