Health Care Complaints Commission v Beckwith [2020] NSWCATOD 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Beckwith [2020] NSWCATOD 23 Hearing dates: 4 March 2020 Date of orders: 18 March 2020 Decision date: 18 March 2020 Jurisdiction: Occupational Division Before: Cowdroy AO QC ADCJ, Principal Member Dr S Cowap, Professional Member Dr H Haikal-Mukhtar, Professional Member J Barker, General Member Decision: (1) Pursuant to s 149A(1)(a) of the National Law, the respondent be reprimanded. (2) Under s 149A (1)(b) of the National Law, the respondent be subject to mentoring in accordance with the Medical Council of NSW Mentor Guidelines for a period of 12 months commencing on 1 May 2020. (3) Within 12 months the date of publication of these orders the respondent undergo an educational course as approved by the Medical Council of NSW relating to diagnosis and management of sexually transmitted infections. (4) The following conditions are imposed upon the conduct of the respondent in his practice of medicine: (a) To practise in accordance with the current Medical Council of NSW's Guideline for self-treatment and treating family members as notified and varied from time to time. (b) To submit to an audit of his medical practice, by a random selection of his medical records by a person or persons nominated by the Medical Council of NSW and: (i) The audit is to be held within 6 months from 1 April 2020 and subsequently as required by the Council. (ii) The auditor(s) is to assess his compliance with good medical record keeping standards, the Medical Board of Australia's Good Medical Practice – Code of Conduct and legislative requirements (including the Poisons and Therapeutic Goods Regulation 2008) and compliance with conditions. (iii) To authorise the auditor(s) to provide the Council with a report on their findings. (iv) To meet all costs associated with the audit(s) and any subsequent reports. (c) To authorise and consent to any exchange of information between the Medical Council of NSW, Medicare Australia and Pharmaceutical Services for the purpose of monitoring compliance with these conditions. (5) Pursuant to Clause 13 of Schedule 5D of the National Law, the respondent pay the costs of the applicant of these proceedings. Any application for a different order for costs is to be made to the Tribunal within 21 days of the publication of these orders. (6) Order 7 made on 30 August 2019 relating to the non-publication of the identity of patients referred to in the Schedule to the Complaint be continued unless the Tribunal otherwise orders. Catchwords: PROFESSIONS AND TRADES – health and professionals – medical practitioners – disciplinary proceedings – medical practitioner prescribing medication without conducting adequate examinations and/or order in appropriate investigations – medical practitioner failing to adequately care or monitor and/or follow-up treatment of patient following prescription of medication – medical practitioner failing to communicate with patients' regular treating medical practitioner – practitioner self-prescribing drugs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Bannister v Walton (1993) 30 NSWLR 699 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chen v Health Care Complaints Commission [2017] NSWCA 186 FTZK v Minister for Immigration and Border Protection [2014] HCA 26 Gianoutsos v Glykis (2006) 65 NSWLR 359 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Do [2014] NSWCA 37 Health Care Complaints Commission v Dr Mazzaferro [2011] NSWMT 9 Health Care Complaints Commission v Iskander [2015] NSWCATOD 30 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v MacGregor [2016] NSWCATOD 86 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Latoudis v Casey (1990) 170 CLR 534 Lindsay v Health Care Complaints Commission [2005] NSWCA 356 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 CLR 445; [1992] HCA 66 NSW Medical Board v Dinakar [2009] NSWMT 8 Office of Local Government v Toma [2015] NSWCATOD 21 Ohn v Walton (1905) 36 NSWLR 77 Parker v Comptroller of Customs (2009) 83 ALJR 494 Qasim v Health Care Complaints Commission [2015] NSWCA 282 R v Byrne (1995) 193 CLR Re Sophie [2008] NSWCA 250 Rejfek v McElroy (1965) 112 CLR 517 Slezak, Dr Peter [2011] NSWMPSC 10 Williams v Lewer [1974] 2 NSWLR 91 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Rodney John Beckwith (Respondent) Representation: Counsel: N Evans (Applicant) No appearance (Respondent)