Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Hearing dates: 30 September 2019, 1, 2, 3 October 2019 and 25 November 2019 Date of orders: 13 February 2020 Decision date: 13 February 2020 Jurisdiction: Occupational Division Before: Cole, DCJ, Deputy President Dr A Greenberg, Senior Member Dr J Aitken, Senior Member Dr C Berglund, General Member Decision: (1) Dr Wilcox is cautioned in relation to unsatisfactory professional conduct in that he made inappropriate personal disclosures to a patient. (2) Dr Wilcox is reprimanded for unsatisfactory professional conduct in that he failed to provide adequate privacy to a patient when that patient was disrobing, by omitting to offer to leave the room or by omitting to leave the room. (3) Dr Wilcox is reprimanded for unsatisfactory professional conduct in that he did not provide a gown to a patient for her use when she was partially disrobed. (4) The parties may make any applications and submissions in writing in relation to costs, including submissions as to whether the question of costs may be decided on the papers, within 21 days of the publication of this decision. In the event that a party makes an application for costs, the other party has 14 days from the date of that application to respond in writing to the Tribunal. (5) Under clause 7 of Schedule 5D of the Health Practitioner Regulation National Law (NSW), the publication of the name of the patient set out in the schedule to the complaint, and the name of the spouse of that patient, is prohibited. Catchwords: PROFESSIONS AND TRADES - health care professionals - medical practitioners – disciplinary proceedings Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34: (1938) 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Health Care Complaints Commission v Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Von Marburg [2019] NSWCATOD 85 Health Care Complaints Commission v Young [2019] NSWCATOD 191 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr David Normanton Gutteridge Wilcox (Respondent) Representation: Counsel: S Mayberry (Applicant) M Hutchings (Respondent)