Health Care Complaints Commission v ERL [2021] NSWCATOD 78

Health Care Complaints Commission v ERL [2021] NSWCATOD 78

The Tribunal found the respondent impaired and not competent to practise, guilty of unsatisfactory professional conduct and professional misconduct, based on both the criminal findings and independent evidence regarding inappropriate prescribing and record-keeping. Disqualification and recording of cancellation were warranted for public protection. Costs of 50% were ordered, balancing the outcome and the respondent's circumstances.

Jurisdiction
Australia
Judgment Date
09 June 2021
Procedural Posture
Disciplinary Proceeding / Final Orders and Reasons for Decision
Outcome
Tribunal would have cancelled registration; respondent disqualified from registration for eight years; non-publication order; 50% costs to be paid by respondent
Legal Topics
['medical Practitioner Conduct' 'professional Misconduct' 'impairment' 'prescribing Standards' 'non Publication Orders' 'costs']
['health Law' 'professional Discipline'] ['medical Practitioner Conduct' 'professional Misconduct' 'impairment' 'prescribing Standards' 'non Publication Orders' 'costs']

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Procedural Posture

Disciplinary Proceeding / Final Orders and Reasons for Decision

Legal Issues

  1. 1 ['Whether the respondent is impaired within the meaning of s 5 of the Health Practitioner Regulation National Law (NSW) and incompetent to practise medicine' 'Whether the respondent is guilty of unsatisfactory professional conduct and professional misconduct under ss 139B and 139E of the National Law arising from criminal behaviour and inappropriate prescribing' 'Whether protective and non-publication orders are necessary for public safety and respondent welfare' 'Whether a costs order should be made and its quantum']

Ratio Decidendi

The Tribunal found the respondent impaired and not competent to practise, guilty of unsatisfactory professional conduct and professional misconduct, based on both the criminal findings and independent evidence regarding inappropriate prescribing and record-keeping. Disqualification and recording of cancellation were warranted for public protection. Costs of 50% were ordered, balancing the outcome and the respondent's circumstances.

Court Disposition

Tribunal would have cancelled registration; respondent disqualified from registration for eight years; non-publication order; 50% costs to be paid by respondent

Orders

  • ['Pursuant to cl 7 of Sch 5D to the Health Practitioner Regulation National Law (NSW), publication of the names of the respondent and complainants (Patients A–G) is prohibited except to the Medical Council of New South Wales' "Order pursuant to s 149C(4)(b) of the National Law that the Tribunal would have cancelled...