Health Care Complaints Commission v Silberberg [2019] NSWCATOD 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Silberberg [2019] NSWCATOD 56 Hearing dates: 18, 19 and 20 February 2019 Date of orders: 15 April 2019 Decision date: 15 April 2019 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr M Wroth, Senior Member Dr M Jarrett, Senior Member Honorary Associate Professor P Macneill, General Member Decision: 1. Dr Judith Silberberg ('the practitioner") is reprimanded.

2. Subject to Order 3, the practitioner's registration is suspended for a period of six months.

3. The operation of Order 2 is stayed for 21 days from the date of this decision.

4. On the expiration of the practitioner's suspension her registration is subject to the following conditions: (a) The practitioner shall not possess, supply, administer or prescribe any drug of addiction (Schedule 8 drug) as defined in the Poisons and Therapeutic Goods Act 1966 (NSW) (b) The practitioner shall not possess, administer or prescribe midazolam in any form. (c) The practitioner shall practice under Category C supervision in accordance with the Medical Council of NSW's ("the Council") policy (as varied from time to time) and as subsequently determined by the appropriate review body. (d) The practitioner and her supervisor (who shall be a general practitioner engaged in providing "end of life care" to patients) shall meet not less than bi-monthly. (e) The practitioner shall prior to her first meeting with her supervisor provide to the supervisor, or any substitute supervisor, a copy of the Tribunal's decision. (f) The practitioner shall give any necessary authority and/or consent to the Council to exchange of any information between the Council and Medicare Australia and Pharmaceutical Services for the purpose of monitoring compliance with these conditions.