Health Care Complaints Commission v Von Marburg (No 2) [2019] NSWCATOD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Von Marburg (No 2) [2019] NSWCATOD 90 Hearing dates: 14 May 2019 Date of orders: 13 June 2019 Decision date: 13 June 2019 Jurisdiction: Occupational Division Before: D Cowdroy OAM QC ADCJ, Principal Member J D Cronin, Senior Member Dr M Cox, Senior Member P Macneill, General Member Decision: 1. The Tribunal finds that the instances of unsatisfactory professional conduct referred to in each complaint are established and together constitutes professional misconduct.

2. The proceedings are adjourned for consideration of the required protective measures required in view of the Tribunal findings (stage 2). Catchwords: PROFESSIONS AND TRADES – health and professionals – medical practitioners – disciplinary proceedings – Practitioner creating false document purporting to record results of audiological testing – performing surgery when there was no objective evidence to justify such surgery – practitioner forwarding misleading report to general practitioner – practitioner failing to report damage caused during his treatment of patient – practitioner failing to advise or make notes of such damage – creation of false records – practitioner misleading patient's general practitioner – practitioner failing to inform patients that proposed treatment was unlikely to provide any benefit - failing to obtain informed consent for surgery – practitioner making false statement that he had consulted with patient prior to surgery – practitioner making falsified claim for remuneration Legislation Cited: Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Von Marburg [2019] NSWCATOD 85 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant)