Health Care Complaints Commission v Ghosh [2020] NSWCATOD 38

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ghosh [2020] NSWCATOD 38 Hearing dates: Hearing dispensed with and matter determined on the materials submitted to the Tribunal Date of orders: 15 April 2020 Decision date: 15 April 2020 Jurisdiction: Occupational Division Before: D Cowdroy AO QC ADCJ, Principal Member Dr H Haikal-Mukhtar, Professional Member Dr S Mares, Professional Member Honorary Associate Professor P Macneill, General Member Decision: (1) Pursuant to section 149C(4)(a) of the Health Practitioner Regulation National Law (the National Law), the Tribunal decides that if the respondent were still registered it would have cancelled her registration. (2) Pursuant to section 149C(4)(b) of the National Law the respondent is disqualified from being registered as a medical practitioner for a period of 18 months from the date of publication of this decision, 15 April 2020. (3) Pursuant to s 163 of the National Law the Tribunal is the appropriate review body for any review of these orders. (4) Dr Ghosh is to pay the Applicant's costs, as agreed or assessed, of these proceedings. (5) Orders (1) to order (4) inclusive are stayed for a period of 28 days from the date of publication of this decision to allow any application to be made by the Respondent to show cause why the orders should not be made. (6) In the event that that the Respondent seeks to show cause any such application is to be filed within 21 days of the date of publication of these orders and is to include any evidence or material upon which the Respondent seeks to rely. (7) In the event the Respondent makes such application the proceedings are to be re-listed for directions and in this event the orders (1) to (4) inclusive are stayed pending further orders. If no such application is made, orders (1) to (4) above will take effect on the 29th day from the date of publication of this decision. Catchwords: PROFESSIONS AND TRADES – health and professionals – medical practitioners – disciplinary proceedings – medical practitioner prescribing inappropriately – medical practitioner prescribing medication for family member Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (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 Dallas Buyers Club LLC v iiNet Limited (No 3) [2015] FCA 422 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 FTZK v Minister for Immigration and Border Protection [2014] HCA 26 Ghosh v Medical Council of NSW [2018] NSWCATOD 186 Gianoutsos v Glykis (2006) 65 NSWLR 359 Grant v HCCC [2003] NSWCA 73 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 Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Little [2016] NSWCATOD 146 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v MacGregor [2016] NSWCATOD 86 Health Care Complaints Commission v Philipia [2013] NSW 342 Health Care Complaints Commission v Sare [2018] NSWCATOD 190 Health Care Complaints Commission v Silberberg [2019] NSWCATOD 56 In re Dr John Shashati [2006] NSWMT 2 Latoudis v Casey (1990) 170 CLR 534 Lindsay v Health Care Complaints Commission [2005] NSWCA 356 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 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 (1995) 36 NSWLR 77 Parker v Comptroller of Customs (2009) 83 ALJR 494; [2009] HCA 7 Qasim v Health Care Complaints Commission [2015] NSWCA 282 R v Byrnes (1995) 183 CLR 501; [1995] HCA 1 Re Sophie [2008] NSWCA 250 Rejfek v McElroy (1965) 112 CLR 517 Richter v Walton [1993] NSWCA 233 Slezak, Dr Peter [2011] NSWMPSC 10 Texts Cited: Medical Council of NSW, Guideline for self-treatment and treating family members (2014, Ref: 97/008) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ratna Ghosh (Respondent) Representation: Counsel: A Britt (Applicant)