Health Care Complaints Commission v Sivewright [2021] NSWCATOD 45

Health Care Complaints Commission v Sivewright [2021] NSWCATOD 45

The Tribunal found the complaints proven or admitted, except that incident A2 in Complaint One was not proven and Complaint Four Particular 1a was not false or misleading when understood in context. The proven conduct constituted multiple instances of unsatisfactory professional conduct and, cumulatively, professional misconduct; Dr Sivewright was also the subject of a criminal finding and had practised with an impairment. However, having regard to his abstinence from morphine and pethidine since February 2017, ongoing supervised treatment, medical evidence that his impairment did not presently interfere with practice, lack of patient complaints, remorse and insight, cancellation or...

Jurisdiction
Australia
Judgment Date
22 April 2021
Procedural Posture
Application for Disciplinary Orders and Findings Concerning a Medical Practitioner Under the Health Practitioner Regulation National Law (nsw) / Final Hearing; Principal Judgment
Outcome
Complaints substantially proven or admitted; Dr Sivewright's registration continued subject to substituted conditions; costs ordered for the HCCC.
Legal Topics
['medical Practitioner Misconduct' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'impairment' 'opioid Use Disorder' 'self Prescribing and Prescribing Drugs of Addiction' 'conditions on Registration' 'costs']
['health Practitioner Regulation' 'administrative Law' 'professional Discipline'] ['medical Practitioner Misconduct' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'impairment' 'opioid Use Disorder' 'self Prescribing and Prescribing Drugs of Addiction' 'conditions on Registration' 'costs']

Case Brief

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Procedural Posture

Application for Disciplinary Orders and Findings Concerning a Medical Practitioner Under the Health Practitioner Regulation National Law (nsw) / Final Hearing; Principal Judgment

Legal Issues

  1. 1 ['Whether Dr Sivewright engaged in unsatisfactory professional conduct by inappropriately obtaining drugs of addiction for self-administration and failing to maintain required registers.' 'Whether Dr Sivewright breached an order imposed by the Director-General of the Department of Health (NSW) concerning drugs of addiction and pethidine.' 'Whether Dr Sivewright prescribed morphine for periods exceeding two months without appropriate authority.' 'Whether Dr Sivewright knowingly gave false or misleading evidence to the Medical Council of New South Wales.' 'Whether Dr Sivewright breached conditions on his registration imposed following s 150 proceedings.' 'Whether Dr Sivewright provided false declarations in renewal applications concerning impairment and criminal history.' 'Whether the established instances of unsatisfactory professional conduct cumulatively amounted to professional misconduct.' 'Whether a finding of guilty for negligent driving under the Road Transport Act 2013 was a criminal finding.' 'Whether Dr Sivewright had a substance abuse disorder and suffered from an impairment under the National Law.' 'What disciplinary orders were appropriate, including whether cancellation or suspension was required or whether varied conditions were sufficient.']

Ratio Decidendi

The Tribunal found the complaints proven or admitted, except that incident A2 in Complaint One was not proven and Complaint Four Particular 1a was not false or misleading when understood in context. The proven conduct constituted multiple instances of unsatisfactory professional conduct and, cumulatively, professional misconduct; Dr Sivewright was also the subject of a criminal finding and had practised with an impairment. However, having regard to his abstinence from morphine and pethidine since February 2017, ongoing supervised treatment, medical evidence that his impairment did not presently interfere with practice, lack of patient complaints, remorse and insight, cancellation or...

Court Disposition

Complaints substantially proven or admitted; Dr Sivewright's registration continued subject to substituted conditions; costs ordered for the HCCC.

Orders

  • ["Pursuant to s 149A(1)(b) of the Health Practitioner Regulation National Law (NSW), Dr Sivewright's registration as a medical practitioner is subject to conditions substituted for the conditions previously imposed by the Medical Council." 'Dr Sivewright is to advise the Medical Council of NSW in writing at least...