Health Care Complaints Commission v Fleisch [2019] NSWCATOD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Fleisch [2019] NSWCATOD 69 Hearing dates: 12 - 15 February; 16/17 April, 2019. Date of orders: 10 May 2019 Decision date: 10 May 2019 Jurisdiction: Occupational Division Before: ADCJ Knox SC, Principal Member Dr CS Yong, Professional Member Dr M Cox, Senior Member Ms R Kusuma, General Member Decision: 1. The Respondent, Dr Fleisch, is reprimanded. 2. Conditions are imposed on Dr Fleisch's registration. 3. The names of any person who has been a patient of the Respondent who has given or who has been referred to in the evidence shall not be disclosed to any person or entity. 4. A copy of this decision may be released by the HCCC. 5. A copy of these reasons be forwarded to Council Appointed Psychiatrist, the approved supervisor and treating practitioners 6. The Respondent is to pay the Respondent's costs as agreed or assessed. Catchwords: Professional discipline – psychiatrist – gambling addiction – boundaries with patients – inappropriate boundary setting – practice management deficiencies – inadequate note-taking – inadequate record management – professional misconduct and unsatisfactory professional conduct – cumulative effect of particulars of unsatisfactory professional conduct - conditions on practice – supervision and reporting – supervising psychiatrist – reprimand - costs Legislation Cited: Civil and Administrative Tribunal Act 2013 No 2 (NSW) Health Insurance Act 1973 (Cth) Health Practitioner (NSW) Regulation 2010 Health Practitioner Regulation National Law (NSW) No 86a Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Gayed v Walton [1997] NSWSCA 121 HCCC v Athour [2016] NSWCATOD 5 HCCC v Jane Waddell (No 1) [2012] NSWNMT 17 Health Care Complaints Commission v Howe [2010] NSWMT 12 Pillai v Messiter [No 2] (1989) 16 NSWLR 197 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Reimers v HCCC [2012] NSWCA 317 Sabag v Health Care Complaints [2001] NSWCA 411 Category: Principal judgment Parties: Heath Care Complaints Commission (Applicant) Dr Nathan Fleisch (Respondent) Representation: Counsel: A Britt (Applicant) P Aitken (Respondent)