Health Care Complaints Commission v Goyer [2019] NSWCATOD 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Goyer [2019] NSWCATOD 121 Hearing dates: 11,12,13, 14, 15 March and 11 April 2019 Date of orders: 12 August 2019 Decision date: 12 August 2019 Jurisdiction: Occupational Division Before: Boland J, ADCJ, Deputy President Dr M Cox, Senior Member Assoc Prof I Rewell, Senior Member M Kelly, General Member Decision: The Tribunal having found the practitioner guilty of professional misconduct orders that: 1. The matter is listed for directions to fix a hearing date for the Stage 2 hearing on 30 August 2019. Catchwords: PROFESSIONS AND TRADES – registered health practitioner – medical practitioner – where practitioner engaged in practice conducted by tele-medicine - where practitioner did not physically examine patients before prescribing compounded medications including medication not registered on the Australian Register of Therapeutic Goods – where practitioner failed to obtain informed consent from patients – professional misconduct established. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (NSW) Regulation 2010 (repealed) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Fraser v Health Care Complaints Commission 2013] NSWCA 421 Health Care Complaints Commission v Reid [2018] NSWCATOD 162 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Thomas Goyer (Respondent) Representation: Counsel: P Lowson (Applicant) R Mathur (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Avant Law (Respondent) File Number(s): 2018/00255746 Publication restriction: On 11 March 2019 an order was made under Cl 7 of Sch 5D of the Health Practitioner Regulation National Law prohibiting the publication of the name of the patients set out in the schedule to the complaint.