Health Care Complaints Commission v Brunner [2017] NSWCATOD 49

Health Care Complaints Commission v Brunner [2017] NSWCATOD 49

The respondent admitted in writing all matters alleged in the Complaint and admitted professional misconduct. Given the serious nature of prescribing drugs of addiction to 12 patients in the alleged circumstances and the admitted record-keeping failures, the Tribunal was comfortably satisfied on the balance of probabilities that he was guilty of professional misconduct. After that finding, because the finding and published reasons would be available if future reregistration were sought, the respondent was 75, no longer practising, had stated in writing that he would not practise again, and agreed to pay the complainant's costs, the presiding member was satisfied it was not in the public...

Jurisdiction
Australia
Judgment Date
05 April 2017
Procedural Posture
Disciplinary Complaint Alleging Professional Misconduct by a Medical Practitioner / Final Decision After the Respondent Admitted the Complaint and the Parties Sought Non Continuance of the Inquiry
Outcome
The respondent was found guilty of professional misconduct, ordered to pay the complainant's agreed costs, and the proceedings were otherwise dismissed.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'prescribing Drugs of Addiction' 'medical Records Compliance' 'withdrawal or Non Continuance of Disciplinary Proceedings' 'public Interest and Protective Jurisdiction' 'costs']
['health Practitioner Regulation' 'professional Discipline' 'medical Law'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'prescribing Drugs of Addiction' 'medical Records Compliance' 'withdrawal or Non Continuance of Disciplinary Proceedings' 'public Interest and Protective Jurisdiction' 'costs']

Case Brief

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Procedural Posture

Disciplinary Complaint Alleging Professional Misconduct by a Medical Practitioner / Final Decision After the Respondent Admitted the Complaint and the Parties Sought Non Continuance of the Inquiry

Legal Issues

  1. 1 ["Whether the respondent's admitted prescribing conduct and record-keeping failures amounted to professional misconduct under the Health Practitioner Regulation National Law." 'Whether, after the respondent surrendered his registration and stated he would not practise medicine again, it was in the public interest to permit withdrawal or non-continuance of the inquiry.' 'Whether a costs order should be made in favour of the complainant.']

Ratio Decidendi

The respondent admitted in writing all matters alleged in the Complaint and admitted professional misconduct. Given the serious nature of prescribing drugs of addiction to 12 patients in the alleged circumstances and the admitted record-keeping failures, the Tribunal was comfortably satisfied on the balance of probabilities that he was guilty of professional misconduct. After that finding, because the finding and published reasons would be available if future reregistration were sought, the respondent was 75, no longer practising, had stated in writing that he would not practise again, and agreed to pay the complainant's costs, the presiding member was satisfied it was not in the public...

Court Disposition

The respondent was found guilty of professional misconduct, ordered to pay the complainant's agreed costs, and the proceedings were otherwise dismissed.

Orders

  • ['The respondent is found guilty of professional misconduct.' 'The respondent is to pay the costs of the complainant agreed in the sum of $2535.50.' 'The proceedings are otherwise dismissed.']