HCCC v Dr Christopher Roberts [2007] NSWMT 15

HCCC v Dr Christopher Roberts [2007] NSWMT 15

Dr Roberts admitted all particulars of the complaint and was found to have repeatedly prescribed restricted substances and drugs of addiction in a manner contrary to statutory requirements, standards, and guidelines, with inadequate medical judgment and record keeping, for an extended period and with adverse consequences to patients. The Tribunal found the conduct to be professional misconduct of the gravest kind, posing ongoing risk to the public and warranting removal from the Register with ancillary restrictions.

Parties
Complainant: Health Care Complaints Commission; Respondent: Dr Christopher Roberts
Jurisdiction
Australia
Judgment Date
24 April 2007
Procedural Posture
Health Practitioner Disciplinary Tribunal Proceedings / Final Orders and Reasons for Determination
Outcome
Respondent's name removed from the Register of Medical Practitioners; prohibition on offering health services in the nature of counselling until re-registration; costs ordered against respondent.
Legal Topics
Professional Misconduct, Prescription of Restricted Substances, Medical Record Keeping, Unsatisfactory Professional Conduct
Health Law Medical Law Professional Discipline Professional Misconduct Prescription of Restricted Substances Medical Record Keeping Unsatisfactory Professional Conduct

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Parties

Health Care Complaints Commission

Complainant

Dr Christopher Roberts

Respondent

Procedural Posture

Health Practitioner Disciplinary Tribunal Proceedings / Final Orders and Reasons for Determination

Legal Issues

  1. 1 Whether Dr Christopher Roberts is guilty of professional misconduct within the meaning of the Medical Practice Act 1992
  2. 2 Whether Dr Roberts' conduct in prescribing restricted substances was significantly below the standard reasonably expected
  3. 3 Whether Dr Roberts failed to comply with record keeping and prescription regulations

Ratio Decidendi

Dr Roberts admitted all particulars of the complaint and was found to have repeatedly prescribed restricted substances and drugs of addiction in a manner contrary to statutory requirements, standards, and guidelines, with inadequate medical judgment and record keeping, for an extended period and with adverse consequences to patients. The Tribunal found the conduct to be professional misconduct of the gravest kind, posing ongoing risk to the public and warranting removal from the Register with ancillary restrictions.

Court Disposition

Respondent's name removed from the Register of Medical Practitioners; prohibition on offering health services in the nature of counselling until re-registration; costs ordered against respondent.

Orders

  • The Tribunal accepts the undertaking of the respondent's solicitor that the respondent will cease practising medicine and offering health services in the nature of counselling at 5.00 pm on Friday 27th April 2007.
  • The respondent's name be removed from the Register of Medical Practitioners on 21st May 2007. He is not to apply to be re-registered for a period of five years from the date of these orders.