Health Care Complaints Commission v Follent (No2) [2015] NSWCATOD 106

Health Care Complaints Commission v Follent (No2) [2015] NSWCATOD 106

Given the respondent's admitted serious professional misconduct, genuine improvement efforts, compliance with interim orders, and lack of evidence of current unsafe practice, the Tribunal found that suspension was unnecessary. Instead, a reprimand, stringent practice conditions, and a costs order would suffice to protect the public and uphold the profession's reputation.

Jurisdiction
Australia
Judgment Date
30 September 2015
Procedural Posture
Occupational Division Disciplinary Proceeding / Determination of Appropriate Protective and Consequential Orders After Finding of Professional Misconduct
Outcome
Reprimand, strict conditions imposed on practice, and costs order against respondent
Legal Topics
['professional Misconduct' 'medical Practitioner Discipline' 'protective Orders' 'costs in Disciplinary Proceedings']
['health Law' 'professional Regulation'] ['professional Misconduct' 'medical Practitioner Discipline' 'protective Orders' 'costs in Disciplinary Proceedings']

Case Brief

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Procedural Posture

Occupational Division Disciplinary Proceeding / Determination of Appropriate Protective and Consequential Orders After Finding of Professional Misconduct

Legal Issues

  1. 1 ['What protective and consequential orders are appropriate after a finding of professional misconduct by a medical practitioner?']

Ratio Decidendi

Given the respondent's admitted serious professional misconduct, genuine improvement efforts, compliance with interim orders, and lack of evidence of current unsafe practice, the Tribunal found that suspension was unnecessary. Instead, a reprimand, stringent practice conditions, and a costs order would suffice to protect the public and uphold the profession's reputation.

Court Disposition

Reprimand, strict conditions imposed on practice, and costs order against respondent

Orders

  • ['The practitioner is reprimanded.' 'Not to possess, supply, administer or prescribe any drug of addiction (Schedule 8) or certain Schedule 4 drugs.' 'Submit to regular audits of medical practice records.' 'Engage in approved mentoring for at least 12 months, with quarterly reports to the Medical Council.' 'Practise...