Health Care Complaints Commission v Oladiran [2020] NSWCATOD 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Oladiran [2020] NSWCATOD 56 Hearing dates: 9,10 March 2020 Date of orders: 27 May 2020 Decision date: 27 May 2020 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Dr E Summers, Senior Member Dr J Aitken, Senior Member J Houen, General Member Decision: (1) Dr Oladiran is reprimanded under s 149A(1)(a) of the Health Practitioner Regulation National Law. (2) The following conditions are imposed upon Dr Oladiran's registration under s 149A(1)(b) of the Health Practitioner Regulation National Law, (a) Dr Oladiran must engage in a mentoring relationship with a professional mentor nominated by the Medical Board of Australia (the Board). (b) The mentoring relationship must continue for a minimum period of 12 months from the date of the first meeting between Dr Oladiran and the mentor, with the Board to determine, at the expiration of that 12 month period, whether a further period is required. (c) Dr Oladiran is to meet with the mentor, either in person or via audio visual means, fortnightly, for the first two months of the mentoring relationship, and, thereafter, at a frequency nominated by the Board from time to time. Professional ethics for general practitioners must be a topic of conversation at each meeting. (3) The Board must provide the mentor with a copy of this decision. (4) Dr Oladiran is to pay the costs of the Health Care Complaints Commission, to be agreed or assessed. (5) Under s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure to any person or entity of the name of the patient set out in the schedule to the complaint, and the children of that patient, is prohibited. Catchwords: PROFESSIONS AND TRADES – health care professionals – medical practitioner – disciplinary – relationship with patient Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioners Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Dr Small [2012] NSWMT 18 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Vigours v Medical Council of NSW [2019] NSWCATOD 75 Texts Cited: Good Medical Practice: A Code of Conduct for Doctors in Australia (Medical Board of Australia, March 2014) Sexual Boundaries: Guidelines for Doctors (Medical Board of Australia, 28 October 2011) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Michael Funso Oladiran (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Meridian Lawyers (Respondent) File Number(s): 2019/00286915 Publication restriction: Under s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure to any person or entity of the name of the patient set out in the schedule to the complaint, and the children of that patient, is prohibited.