Health Care Complaints Commission v Whitton [2019] NSWCATOD 175

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Whitton [2019] NSWCATOD 175 Hearing dates: 24 October 2019 Date of orders: 19 November 2019 Decision date: 19 November 2019 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member Dr M Atherton, Senior Member Dr H Kaikal-Mukhtar, Senior Member S Lovrovich, General Member Decision: 1. Pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law, it is declared that if Dr Louis Albert Whitton (the practitioner) had been registered at the date of the hearing, the Tribunal would have cancelled his registration. 2. Pursuant to s 149C(4)(b) of the National Law, order that the respondent be disqualified for a period of two years. 3. Pursuant to s 149C(4)(c) of the National Law, the Tribunal requires the National Board to which the respondent was registered to record the fact that the Tribunal would have cancelled the respondent's registration in the National Register kept by the Board. 4. The Health Care Complaints Commission is to cause a copy of this order and a copy of the judgment delivered in this matter to the respondent's former solicitor Ms Priestley, with a request that she forward same to the last known email address she holds for the respondent. 5. The practitioner shall pay the costs of the Health Care Complaints Commission of and incidental to these proceedings as agreed, and failing agreement, as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). 6. Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made restricting the publication of the names of the patients set out in the schedule to the complaint filed on 16 July 2019. Catchwords: PROFESSIONS AND TRADES – health and professionals – medical practitioners – disciplinary proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) No 86a ("the National Law") Legal Profession Uniform Law Application Act 2014 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Dr Denise Perroux [2011] NSWDC 99 Health Care Complaints Commission v Dr Jamieson [2014] NSWCATOD 56 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Spicer v New South Wales Medical Board & Ors (Court of Appeal (NSW), 19 February 1981, unrep) Texts Cited: Medical Board of Australia, "Code of Conduct for Doctors in Australia" Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Louis Albert Whitton (Respondent) Representation: Counsel: I Chatterjee (Applicant)