Health Care Complaints Commission v Flekser (No 2) [2016] NSWCATOD 65

Health Care Complaints Commission v Flekser (No 2) [2016] NSWCATOD 65

Dr Flekser's deliberate, protracted and dishonest claiming of fees to which he was not entitled, compounded by untruthfulness in his evidence and inadequate evidence of insight, contrition or remediation, was so serious that his registration should be cancelled under s.149C of the National Law. The Tribunal was not prepared to impose a three-year restraint on applying for review because no adequate submission or evidence justified that period; any reinstatement would require an application under the National Law. Costs were ordered because the parties agreed and such an order would be the norm absent strong contrary reasons.

Jurisdiction
Australia
Judgment Date
23 May 2016
Procedural Posture
Health Practitioner Disciplinary Proceedings Concerning Professional Misconduct / Protective Orders and Costs Determined on the Papers After Findings of Professional Misconduct
Outcome
Registration cancelled; respondent ordered to pay the HCCC's costs as agreed or assessed.
Legal Topics
['professional Misconduct' 'cancellation of Medical Practitioner Registration' 'medicare and Private Health Insurance Claims' 'costs' 'review After Cancellation of Registration']
['health Practitioner Regulation' 'professional Discipline' 'administrative Law'] ['professional Misconduct' 'cancellation of Medical Practitioner Registration' 'medicare and Private Health Insurance Claims' 'costs' 'review After Cancellation of Registration']

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Procedural Posture

Health Practitioner Disciplinary Proceedings Concerning Professional Misconduct / Protective Orders and Costs Determined on the Papers After Findings of Professional Misconduct

Legal Issues

  1. 1 ["What protective orders should be made after the Tribunal found that Dr Flekser's conduct constituted professional misconduct." "Whether Dr Flekser's registration as a medical practitioner should be cancelled under s.149C of the National Law." 'Whether an order should be made preventing Dr Flekser from applying for review of the cancellation for three years under s.149C(7) of the National Law.' "Whether Dr Flekser should pay the Health Care Complaints Commission's costs."]

Ratio Decidendi

Dr Flekser's deliberate, protracted and dishonest claiming of fees to which he was not entitled, compounded by untruthfulness in his evidence and inadequate evidence of insight, contrition or remediation, was so serious that his registration should be cancelled under s.149C of the National Law. The Tribunal was not prepared to impose a three-year restraint on applying for review because no adequate submission or evidence justified that period; any reinstatement would require an application under the National Law. Costs were ordered because the parties agreed and such an order would be the norm absent strong contrary reasons.

Court Disposition

Registration cancelled; respondent ordered to pay the HCCC's costs as agreed or assessed.

Orders

  • ['The registration of Dr Roger Leigh Flekser, a person registered under the Health Practitioner Regulation National Law (NSW), is cancelled.' 'Dr Flekser is to pay the costs of and incidental to the proceedings of the Health Care Complaints Commission as agreed or assessed.']