Health Care Complaints Commission v Bennett [2014] NSWCATOD 46

Health Care Complaints Commission v Bennett [2014] NSWCATOD 46

Because Dr Bennett admitted a serious course of inappropriate and unlawful prescribing affecting at least 140 patients over several years, including prescribing dangerous restricted drugs in breach of an order under the Poisons and Therapeutic Goods Regulation 2008 and registration conditions, prescribing to close relatives, and inadequate medical record keeping, the conduct constituted professional misconduct of a gravity that would have warranted cancellation of his registration had he still been registered. Since he was no longer registered, s 149C(4) permitted the Tribunal to state that it would have cancelled his registration, disqualify him from registration, and direct the Medical...

Jurisdiction
Australia
Judgment Date
06 May 2014
Procedural Posture
Occupational Disciplinary Proceedings Concerning a Medical Practitioner / Final Decision and Orders After Admissions in Agreed Statements of Facts
Outcome
Dr Bennett was found to have engaged in professional misconduct; the Tribunal stated it would have cancelled his registration if he were still registered and disqualified him from registration as a medical practitioner for five years, with costs ordered against him.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'inappropriate Prescribing of Schedule 8 and Schedule 4 Drugs' 'contravention of Registration Conditions' 'medical Record Keeping' 'disqualification From Registration' 'costs']
['health Practitioner Regulation' 'professional Discipline' 'administrative Law'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'inappropriate Prescribing of Schedule 8 and Schedule 4 Drugs' 'contravention of Registration Conditions' 'medical Record Keeping' 'disqualification From Registration' 'costs']

Case Brief

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Procedural Posture

Occupational Disciplinary Proceedings Concerning a Medical Practitioner / Final Decision and Orders After Admissions in Agreed Statements of Facts

Legal Issues

  1. 1 ['Whether the admitted conduct amounted to unsatisfactory professional conduct and professional misconduct under the Health Practitioner Regulation National Law (NSW).' 'Whether, if the respondent were still registered, the Tribunal would have suspended or cancelled his registration.' 'Whether the respondent should be disqualified from being registered as a medical practitioner and for what period.' 'Whether costs should be ordered against the respondent.']

Ratio Decidendi

Because Dr Bennett admitted a serious course of inappropriate and unlawful prescribing affecting at least 140 patients over several years, including prescribing dangerous restricted drugs in breach of an order under the Poisons and Therapeutic Goods Regulation 2008 and registration conditions, prescribing to close relatives, and inadequate medical record keeping, the conduct constituted professional misconduct of a gravity that would have warranted cancellation of his registration had he still been registered. Since he was no longer registered, s 149C(4) permitted the Tribunal to state that it would have cancelled his registration, disqualify him from registration, and direct the Medical...

Court Disposition

Dr Bennett was found to have engaged in professional misconduct; the Tribunal stated it would have cancelled his registration if he were still registered and disqualified him from registration as a medical practitioner for five years, with costs ordered against him.

Orders

  • ['Dr David John Bennett is disqualified from being registered as a medical practitioner for a period of five years from 6 May 2014.' 'Dr Bennett is to pay the costs of the Health Care Complaints Commission in an amount assessed under the Legal Profession Act in default of agreement.' 'The Medical Board of Australia...