Health Care Complaints Commission v Dr Geoffrey Samuel AU [2023] NSWCATOD 14

Health Care Complaints Commission v Dr Geoffrey Samuel AU [2023] NSWCATOD 14

The respondent's conduct in repeatedly prescribing dangerous Schedule 8 and Schedule 4D drugs without proper authority, for non-therapeutic purposes, in excessive quantities, and with poor record keeping over extended periods, fell significantly below standards expected and constituted professional misconduct justifying suspension and imposition of restrictive conditions.

Parties
Applicant: Health Care Complaints Commission; Respondent: Dr Geoffrey Samuel Au
Jurisdiction
Australia
Judgment Date
08 February 2023
Procedural Posture
Disciplinary Proceeding / Final Determination
Outcome
The respondent's registration is suspended for 6 months and subject to specified practice conditions; the respondent is ordered to pay the applicant's costs; prior non-disclosure orders concerning patient identity are continued.
Legal Topics
Medical Practitioner Discipline, Prescribing Drugs of Addiction, Professional Misconduct, Record Keeping, Regulatory Compliance
Health Law Professional Discipline Medical Practitioner Discipline Prescribing Drugs of Addiction Professional Misconduct Record Keeping Regulatory Compliance

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Parties

Health Care Complaints Commission

Applicant

Dr Geoffrey Samuel Au

Respondent

Procedural Posture

Disciplinary Proceeding / Final Determination

Legal Issues

  1. 1 Whether the practitioner engaged in unsatisfactory professional conduct
  2. 2 Whether the practitioner engaged in professional misconduct justifying suspension
  3. 3 Whether the practitioner failed to comply with regulatory requirements for prescribing Schedule 8 and Schedule 4D drugs

Ratio Decidendi

The respondent's conduct in repeatedly prescribing dangerous Schedule 8 and Schedule 4D drugs without proper authority, for non-therapeutic purposes, in excessive quantities, and with poor record keeping over extended periods, fell significantly below standards expected and constituted professional misconduct justifying suspension and imposition of restrictive conditions.

Court Disposition

The respondent's registration is suspended for 6 months and subject to specified practice conditions; the respondent is ordered to pay the applicant's costs; prior non-disclosure orders concerning patient identity are continued.

Orders

  • Pursuant to section 149C(l)(b) of the Health Practitioner Regulation National Law, the Tribunal suspends the respondent's registration for 6 months.
  • The Respondent's registration is subject to practice conditions including Medical Council of NSW approval for changes in practice, prohibition on possession, supply, administration or prescribing Schedule 8 or Schedule 4 drugs (Appendix D), category B supervision, audit requirements, and information exchange with...