Health Care Complaints Commission v Hulst [2019] NSWCATOD 181

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hulst [2019] NSWCATOD 181 Hearing dates: 11 November 2019 Date of orders: 28 November 2019 Decision date: 28 November 2019 Jurisdiction: Occupational Division Before: O Shub, Senior Member Dr R Engel, Senior Member Dr K De Luca, Senior Member J Barker, General Member Decision: (1) The Practitioner is given a caution against behaviour which could be regarded as unsatisfactory professional conduct in any circumstances in the future. (2) Within 21 days of returning to practice the practitioner is to nominate a registered experienced chiropractor to act as his professional mentor for approval by the Chiropractic Council of NSW in accordance with the Chiropractic Council of NSW's Compliance Policy - Mentoring (as varied from time to time). The practitioner is: (a) To participate in monthly meetings with the Council-approved mentor at a frequency to be determined by the mentor, however not less than monthly for the first 6 meetings. (b) To include discussion of the following at each meeting: (i) his personal and professional development; (ii) the issues highlighted in this decision; (iii) any personal or clinical practice issues that may arise throughout the course of the mentoring relationship. (c) To authorise the Chiropractic Council of NSW to provide proposed and approved mentors with: (i) A copy of this decision. (ii) A copy of these practice conditions. (d) To authorise the mentor to inform the Council (in an approved reporting format) on a 3 monthly basis that these meetings have occurred, and ensure that the mentor does in fact provide those reports. (e) To authorise the mentor to inform the Council immediately if the mentoring relationship ends or of any concerns regarding the performance of the practitioner or his compliance with any conditions on his registration. (f) To be mentored for a period of 12 months. (g) To otherwise comply with the Chiropractic Council of NSW's Compliance Policy - Mentoring (as varied from time to time). (3) The practitioner is to be responsible for any costs associated with meeting condition (2) - the mentoring condition. (4) To attend for treatment by a psychologist or psychiatrist of his choice, at a frequency to be determined by the treating practitioner. (a) To provide the Council with the name and detail of the treating practitioner. (b) To authorise the Council to provide the treating practitioner a copy of the Reasons for Decision. (c) To authorise his treating practitioner to inform the Council of failure to attend for treatment, termination of treatment or if there is a significant change in health status (including a significant temporary change). (d) To attend on his psychologist or psychiatrist for a period of 12 months at a frequency to be set by his psychologist or psychiatrist. (5) The Respondent is to be responsible for the costs of the Applicant in the sum of $5,000.00. (6) The Chiropractic Council of NSW is the appropriate review body of these conditions for the purposes of Part 8 of the National Law. Catchwords: PROFESSIONS AND TRADES – chiropractor – illicit supply of Schedule 4D drugs – very small quantity – classed as one‑off event Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Clyne v New South Wales Bar Association [1960] HCA 40 Health Care Complaints Commission v CSM [2016] NSWCATOD 125 Health Care Complaints Commission v Do [2014] NSWCA 307 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: www.ahpra.gov.au – See Possible outcomes www.mcnsw.org.au/glossary Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Woody Hulst (Respondent) Representation: Counsel: J Downing (Respondent)