Health Care Complaints Commission v Goh [2014] NSWCATOD 106

Health Care Complaints Commission v Goh [2014] NSWCATOD 106

Due to admitted and proved acts of persistent dishonesty, improper self-prescription, breaches of conditions, substance abuse, and lack of sufficient insight into the misconduct, the Tribunal finds the respondent would have her registration cancelled, is disqualified from registration for one year, and her registration status should be noted accordingly; this protects the public and maintains the integrity of the profession.

Jurisdiction
Australia
Judgment Date
26 September 2014
Procedural Posture
Tribunal Proceedings / Final Judgment
Outcome
Orders made pursuant to s149C(4): registration would have been cancelled, respondent disqualified from being registered for one year, National Board to record cancellation decision, and respondent to pay applicant's costs.
Legal Topics
['medical Practitioner Misconduct' 'impairment and Fitness to Practise' 'professional Standards' 'drug Abuse and Addiction' 'disciplinary Proceedings' 'registration Cancellation' 'protective Jurisdiction']
['health Law' 'professional Discipline' 'administrative Law'] ['medical Practitioner Misconduct' 'impairment and Fitness to Practise' 'professional Standards' 'drug Abuse and Addiction' 'disciplinary Proceedings' 'registration Cancellation' 'protective Jurisdiction']

Case Brief

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Procedural Posture

Tribunal Proceedings / Final Judgment

Legal Issues

  1. 1 ['Whether the respondent was guilty of unsatisfactory professional conduct' 'Whether the respondent engaged in professional misconduct' 'Whether the respondent has an impairment affecting her capacity to practise medicine' 'Whether the respondent is competent to practise medicine']

Ratio Decidendi

Due to admitted and proved acts of persistent dishonesty, improper self-prescription, breaches of conditions, substance abuse, and lack of sufficient insight into the misconduct, the Tribunal finds the respondent would have her registration cancelled, is disqualified from registration for one year, and her registration status should be noted accordingly; this protects the public and maintains the integrity of the profession.

Court Disposition

Orders made pursuant to s149C(4): registration would have been cancelled, respondent disqualified from being registered for one year, National Board to record cancellation decision, and respondent to pay applicant's costs.

Orders

  • ['If the respondent were still registered, her registration would have been cancelled.' 'The respondent is disqualified from being registered as a medical practitioner for one year.' "National Board to record that the Tribunal would have cancelled respondent's registration for one year." "The respondent is to pay...