Health Care Complaints Commission v Von Marburg [2019] NSWCATOD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Von Marburg [2019] NSWCATOD 85 Hearing dates: 14, 15, 16 May 2019 Date of orders: 13 June 2019 Decision date: 13 June 2019 Jurisdiction: Occupational Division Before: D Cowdroy OAM QC ADCJ, Principal Member Dr J D Cronin, Senior Member Dr M Cox, Senior Member P Macneill, General Member Decision: 1. The Tribunal finds that the practitioner's conduct constitutes professional misconduct. 2. Pending the Tribunal's final decision and final orders in these proceedings, the Tribunal orders that publication of the names of any patient be prohibited. 3. The proceedings be adjourned for consideration of any protective orders required in view of the above findings (stage 2). Catchwords: PROFESSIONS AND TRADES – health and professionals – medical practitioners – disciplinary proceedings - Practitioner conducting surgery when necessity for such surgery was not indicated - operative care – practitioner failing to supply clinical records – practitioner failing to inform patients of surgery – practitioner failing to obtain patient's informed consent – practitioner forwarding misleading report to general practitioner of patient – practitioner misleading applicant Legislation Cited: Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (New South Wales) Regulation 2010 Health Records and Information Privacy Act 2002 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 at 362 Bronze Wing International Pty Ltd v Safe Work NSW [2017] NSWCA 41 Dekker v Medical Board of Australia [2014] WASCA 216 FTZK and Minister for Immigration and Border Protection [2014] HCA 26 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170; (1992) 110 ALR 449 Taupau v HVAC Constructions (Queensland) Pty Ltd and Ors [2012] NSWCA 293 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Roland Von Marburg (Respondent) Representation: Counsel: K Stern SC and S Maybury (Applicant) R Mathur (Respondent)