Health Care Complaints Commission v Dr Annette Dao Quynh Do (No. 3) [2013] NSWMT 16

Health Care Complaints Commission v Dr Annette Dao Quynh Do (No. 3) [2013] NSWMT 16

The Tribunal determined that the public would be adequately protected if Dr Do, upon any application for registration, is subject to stringent conditions and level 1 supervision, excluding a specific health records course. Disqualification was not ordered, reflecting the split decision resolved by the Deputy Chairperson's view.

Parties
Complainant: Health Care Complaints Commission; Respondent: Dr Annette Dao Quynh Do
Jurisdiction
Australia
Judgment Date
02 August 2013
Procedural Posture
Medical Disciplinary Proceeding / Determination of Appropriate Protective Orders and Costs After Finding of Professional Misconduct
Outcome
Protective orders imposed, including conditions upon future registration; costs ordered.
Legal Topics
Professional Misconduct, Costs, Protective Orders, Medical Practitioner Discipline
Health Law Professional Regulation Professional Misconduct Costs Protective Orders Medical Practitioner Discipline

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Parties

Health Care Complaints Commission

Complainant

Dr Annette Dao Quynh Do

Respondent

Procedural Posture

Medical Disciplinary Proceeding / Determination of Appropriate Protective Orders and Costs After Finding of Professional Misconduct

Legal Issues

  1. 1 What protective orders are appropriate following a finding of professional misconduct by a medical practitioner?
  2. 2 Should Dr Do be disqualified from practice or be subject to conditions upon future registration?
  3. 3 Whether Dr Do should pay the costs of the complaint, excluding costs for a previous hearing?

Ratio Decidendi

The Tribunal determined that the public would be adequately protected if Dr Do, upon any application for registration, is subject to stringent conditions and level 1 supervision, excluding a specific health records course. Disqualification was not ordered, reflecting the split decision resolved by the Deputy Chairperson's view.

Court Disposition

Protective orders imposed, including conditions upon future registration; costs ordered.

Orders

  • Orders made in accordance with Short Minutes of Order annexed to the decision.
  • If Dr Do applies for registration in any jurisdiction in Australia, conditions including level 1 supervision apply (detailed in Short Minutes of Order).