HCCC v De Saxe [2018] NSWCATOD 45

HCCC v De Saxe [2018] NSWCATOD 45

Because the practitioner had engaged in serious professional misconduct involving sexual boundary violations with vulnerable patients, inappropriate prescribing including Schedule 8 and other drugs, inadequate records, failure to communicate with other treating practitioners and inappropriate self-prescribing, and because the Tribunal was not satisfied that he was currently fit to practise or that vulnerable young males would be adequately protected, conditions limiting him to medico-legal assessments would not be appropriate. The protective purpose of the jurisdiction required cancellation of registration, a prohibition on providing health services, and a two year period before review...

Jurisdiction
Australia
Judgment Date
29 March 2018
Procedural Posture
Professional Disciplinary Proceedings Against a Medical Practitioner Under the Health Practitioner Regulation National Law (nsw) / Sanctions and Final Orders Following Prior Findings of Professional Misconduct
Outcome
Respondent's registration cancelled; respondent prohibited from providing health services until review and re-registration; respondent ordered to pay applicant's costs.
Legal Topics
['medical Practitioner Professional Misconduct' 'sexual Misconduct With Patients' 'inappropriate Prescribing' 'self Prescribing' 'failure to Maintain Records' 'protective Orders and Cancellation of Registration']
['health Practitioner Regulation' 'professional Discipline' 'administrative Law'] ['medical Practitioner Professional Misconduct' 'sexual Misconduct With Patients' 'inappropriate Prescribing' 'self Prescribing' 'failure to Maintain Records' 'protective Orders and Cancellation of Registration']

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Procedural Posture

Professional Disciplinary Proceedings Against a Medical Practitioner Under the Health Practitioner Regulation National Law (nsw) / Sanctions and Final Orders Following Prior Findings of Professional Misconduct

Legal Issues

  1. 1 ['What final protective orders should be made after findings of professional misconduct against the practitioner.' "Whether the practitioner's registration should be cancelled or whether he should be permitted to practise subject to conditions limited to medico-legal assessments." 'Whether the practitioner was currently fit to practise having regard to insight, remorse, risk of reoffending and protection of the public.']

Ratio Decidendi

Because the practitioner had engaged in serious professional misconduct involving sexual boundary violations with vulnerable patients, inappropriate prescribing including Schedule 8 and other drugs, inadequate records, failure to communicate with other treating practitioners and inappropriate self-prescribing, and because the Tribunal was not satisfied that he was currently fit to practise or that vulnerable young males would be adequately protected, conditions limiting him to medico-legal assessments would not be appropriate. The protective purpose of the jurisdiction required cancellation of registration, a prohibition on providing health services, and a two year period before review...

Court Disposition

Respondent's registration cancelled; respondent prohibited from providing health services until review and re-registration; respondent ordered to pay applicant's costs.

Orders

  • ["That the respondent's registration be cancelled pursuant to s.149C(1)(c) of the National Law." 'The respondent may not apply for review of a cancellation order for a period of two years pursuant to s 149C(7).' 'The respondent is prohibited pursuant to s 149C(5) from providing any health services as defined under...