Health Care Complaints Commission v Brittain [2019] NSWCATOD 161

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Brittain [2019] NSWCATOD 161 Hearing dates: 25, 26 June 2018 Date of orders: 16 October 2019 Decision date: 16 October 2019 Jurisdiction: Occupational Division Before: Craig QC, ADCJ, Principal Member Dr S Cowap, Senior Member Dr G Dore, Senior Member R Kusuma, General Member Decision: 1. The Respondent Dr Nicholas Brittain be and is hereby reprimanded under s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW).

2. The conditions set out in the Schedule headed "Health Care Complaints Commission v Dr Nicholas Brittain – Conditions" (the Conditions) be imposed on the Respondent's registration and be operative 28 days after the making of these Orders.

3. The Conditions may be altered, varied or removed at the discretion of the Medical Council of New South Wales and the Council is the appropriate review body for the purposes of Div 8 of Pt 8 of the Health Practitioner Regulation National Law (NSW).

4. Sections 125 to 127 of the Health Practitioner Regulation National Law (NSW) are to apply while Dr Nicholas Brittain's principal place of practice is anywhere in Australia, other than in New South Wales, so that a review of the Conditions can be conducted in that circumstance by the Medical Board of Australia.

5. Order that the Respondent pay the Applicant's costs of these proceedings as agreed or assessed. Catchwords: PROFESSIONS AND TRADES – health care professional – medical practitioner – unsatisfactory professional conduct – professional misconduct – appropriate protective orders – conditions on registration Legislation Cited: Health Care Complaints Commission Act 1993 Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (NSW) Regulation 2010 Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing International Pty Limited v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 Dawson v Law Society of New South Wales [1989] NSWCA 58 Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523 Health Care Complaints Commission v CSM [2018] NSWSC 102 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Kwan [2014] NSWCATOD 72 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Ly [2010] NSWMT 20 Health Care Complaints Commission v MacGregor [2016] NSWCATOD 86 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Suri [2016] NSWCATOD 54 Health Care Complaints Commission v Thomas [2015] NSWCATOD 60 Health Care Complaints Commission v Wingate [2007] NSWCA 326 Lee v Health Care Complaints Commission [2012] NSWCA 80 NSW Bar Association v Meakes [2006] NSWCA 340 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Nicholas Brittain (Respondent) Representation: Counsel: A Britt (Applicant) R Mathur (Respondent)