Health Care Complaints Commission v Cusi (No.2) [2018] NSWCATOD 123

Health Care Complaints Commission v Cusi (No.2) [2018] NSWCATOD 123

Because the respondent had shown insight, changed his practice, undertaken relevant education, accepted the Tribunal's criticisms, apologised, and would be subject to education and mentoring conditions, the Tribunal was satisfied that the proposed conditions were adequate to protect the public and that an additional condition requiring practice only in a group practice would not assist with communication or consent in the consulting room.

Jurisdiction
Australia
Judgment Date
06 August 2018
Procedural Posture
Medical Practitioner Disciplinary Proceedings / Stage 2 Hearing on Disciplinary Sanction After Finding of Unsatisfactory Professional Conduct
Outcome
The practitioner was reprimanded, made subject to practice conditions, and ordered to pay one half of the applicant's costs; the Tribunal did not impose a condition requiring practice only in a group practice.
Legal Topics
['unsatisfactory Professional Conduct' 'disciplinary Sanctions' 'informed Consent' 'patient Communication' 'practice Conditions' 'costs']
['health Practitioner Regulation' 'professional Discipline' 'administrative Law'] ['unsatisfactory Professional Conduct' 'disciplinary Sanctions' 'informed Consent' 'patient Communication' 'practice Conditions' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Medical Practitioner Disciplinary Proceedings / Stage 2 Hearing on Disciplinary Sanction After Finding of Unsatisfactory Professional Conduct

Legal Issues

  1. 1 ["What disciplinary sanction should be imposed on the respondent after the Tribunal's finding of unsatisfactory professional conduct." 'Whether a practice condition requiring the respondent to practise only in a group practice of medical practitioners was necessary.' 'What practice conditions were appropriate to protect the health and safety of the public.']

Ratio Decidendi

Because the respondent had shown insight, changed his practice, undertaken relevant education, accepted the Tribunal's criticisms, apologised, and would be subject to education and mentoring conditions, the Tribunal was satisfied that the proposed conditions were adequate to protect the public and that an additional condition requiring practice only in a group practice would not assist with communication or consent in the consulting room.

Court Disposition

The practitioner was reprimanded, made subject to practice conditions, and ordered to pay one half of the applicant's costs; the Tribunal did not impose a condition requiring practice only in a group practice.

Orders

  • ['The practitioner is reprimanded.' 'The practitioner is to complete within six months of the date of the Stage 2 decision, or a date as determined by the Medical Council of NSW, educational courses approved by the Medical Council of NSW in obtaining informed consent, effective patient communication, and engaging...