Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31

Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31

On admissions and evidence, Dr Della Bruna engaged in unsatisfactory professional conduct and professional misconduct in relation to record keeping, prescribing, and administering Schedule 8 drugs and restricted substances. The conduct was sufficiently serious but due to remorse, insight, rehabilitation efforts, and absence of current risk, suspension or cancellation of registration was not warranted. Protective conditions and a reprimand were sufficient to protect public safety and professional standards; costs were awarded to the complainant.

Parties
Complainant: Health Care Complaints Commission; Respondent: Dr Albina Della Bruna
Jurisdiction
Australia
Judgment Date
08 April 2014
Procedural Posture
Disciplinary Proceedings / Principal Judgment
Outcome
Complaints proven; respondent reprimanded; conditions imposed; respondent to pay complainant’s costs.
Legal Topics
Unsatisfactory Professional Conduct, Professional Misconduct, Medical Record Keeping, Prescription of Schedule 8 Drugs, Conditions on Registration, Costs in Disciplinary Proceedings
Administrative Law Health Law Professional Discipline Unsatisfactory Professional Conduct Professional Misconduct Medical Record Keeping Prescription of Schedule 8 Drugs Conditions on Registration +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Health Care Complaints Commission

Complainant

Dr Albina Della Bruna

Respondent

Procedural Posture

Disciplinary Proceedings / Principal Judgment

Legal Issues

  1. 1 Whether Dr Della Bruna engaged in unsatisfactory professional conduct by failing to properly record and account for Schedule 8 drugs and restricted substances
  2. 2 Whether Dr Della Bruna engaged in professional misconduct under the Health Practitioner Regulation National Law
  3. 3 Appropriate protective orders given the conduct admitted

Ratio Decidendi

On admissions and evidence, Dr Della Bruna engaged in unsatisfactory professional conduct and professional misconduct in relation to record keeping, prescribing, and administering Schedule 8 drugs and restricted substances. The conduct was sufficiently serious but due to remorse, insight, rehabilitation efforts, and absence of current risk, suspension or cancellation of registration was not warranted. Protective conditions and a reprimand were sufficient to protect public safety and professional standards; costs were awarded to the complainant.

Court Disposition

Complaints proven; respondent reprimanded; conditions imposed; respondent to pay complainant’s costs.

Orders

  • Dr Albina Della Bruna is reprimanded.
  • Specified conditions are imposed on her registration restricting prescribing, supply, possession, or administration of Schedule 8 drugs except in hospitals.