Health Care Complaints Commission v Cleary [2021] NSWCATOD 213

Health Care Complaints Commission v Cleary [2021] NSWCATOD 213

The respondent's admitted and proven conduct constituted multiple and serious departures from professional standards in boundary management, care, and record keeping, cumulatively amounting to professional misconduct justifying cancellation of registration and a five-year prohibition from applying for re-registration to protect the public and preserve confidence in the medical profession.

Jurisdiction
Australia
Judgment Date
20 December 2021
Procedural Posture
Disciplinary Proceeding / Decision on Findings and Protective Orders
Outcome
Registration cancelled; prohibition from re-application for five years; costs awarded to applicant.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'medical Practitioner Regulation' 'professional Boundaries' 'medical Record Keeping' 'drug Prescribing Standards' 'conflicts of Interest']
['health Law' 'professional Discipline'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'medical Practitioner Regulation' 'professional Boundaries' 'medical Record Keeping' 'drug Prescribing Standards' 'conflicts of Interest']

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Procedural Posture

Disciplinary Proceeding / Decision on Findings and Protective Orders

Legal Issues

  1. 1 ['Whether the respondent engaged in unsatisfactory professional conduct or professional misconduct under the National Law' 'Whether the respondent breached statutory and professional codes regarding boundaries with patients, care, record keeping, and prescribing' 'What disciplinary orders are appropriate for protection of the public']

Ratio Decidendi

The respondent's admitted and proven conduct constituted multiple and serious departures from professional standards in boundary management, care, and record keeping, cumulatively amounting to professional misconduct justifying cancellation of registration and a five-year prohibition from applying for re-registration to protect the public and preserve confidence in the medical profession.

Court Disposition

Registration cancelled; prohibition from re-application for five years; costs awarded to applicant.

Orders

  • ["That, pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW), the respondent's registration as a medical practitioner is cancelled." "That, pursuant to s 149C(7) of the National Law, the respondent may not apply for review of this order until five years from the order's date." "That the...