Health Care Complaints Commission v Buys [2020] NSWCATOD 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Buys [2020] NSWCATOD 44 Hearing dates: 9, 10, 11 and 12 December 2019, 31 January and 20 April 2020 (submissions) Date of orders: 30 April 2020 Decision date: 30 April 2020 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member Dr T Boland, Senior Member Dr A Lang, Senior Member S Lovrovich, General Member Decision: Consequent upon the finding of professional misconduct which we have made we make the following orders: (1) the applicant is to inform the respondent within 7 days what protective orders and other orders that it then currently seeks to be made against the respondent (2) the respondent is to file and serve within 1 month of receipt of the information in (1) above the evidence and submissions upon which he seeks to rely for the purpose of the stage 2 hearing (3) the applicant is to file and serve within 21 days of receipt of the material in (2) above any evidence and submissions upon which it seeks to rely (4) the parties will be informed by the Tribunal upon receipt of the above of the date of any stage 2 hearing and the means by which it will be conducted. Catchwords: TRADES AND PROFESSIONS – dental practitioner – inappropriate prescription of drugs of addiction and other restricted drugs – failure to secure drugs in premises – failure to maintain drug register – failure to record issue of prescriptions in clinical notes – issuing prescriptions in name of practitioner or dental practice – held constituted professional misconduct – proceedings stood over for stage 2 hearing Legislation Cited: Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Spicer v NSW Medical Board & Ors (Court of Appeal (NSW), 19 February 1981, unrep) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Peter Joseph Brian Buys (Respondent) Representation: Counsel: S Maybury (Applicant)