Sadek v Health Care Complaints Commission [2021] NSWCATOD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sadek v Health Care Complaints Commission [2021] NSWCATOD 39 Hearing dates: 9 November 2020 and by written submissions dated 13 November 2020 Date of orders: 09 April 2021 Decision date: 09 April 2021 Jurisdiction: Occupational Division Before: A Britton, Principal Member A Torrens, Senior Member D Preswick, Senior Member D Telford, General Member Decision: (1) The application for reinstatement is dismissed. (2) The Applicant is to pay the Respondent's costs as agreed or assessed. Catchwords: HEALTH — professional registration and discipline — reinstatement of health practitioner under the Health Practitioner Regulation National Law (NSW) — whether practitioner has discharged the onus of proving they are a fit and proper person COSTS — whether appropriate to exercise the discretion to fix costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Ex parte Tziniolis; Re The Medical Practitioners Act (1966) 67 SR (NSW) 448; 84 WN (Pt 2) (NSW) 275 HCCC v Sadek [2017] NSWCATOD 181 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Sadek (No 2) [2018] NSWCATOD 90 Shah v Health Care Complaints Commission [2014] NSWCATOD 94 Vito Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Texts Cited: Nil Category: Principal judgment Parties: Anthony Sadek (Applicant) Health Care Complaints Commission (Respondent) Representation: Solicitors: Applicant (self-represented) Health Care Complaints Commission (Respondent) File Number(s): 2020/00226869 Publication restriction: Pursuant to section 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure and/or publication of the name of Patient D or Dr BW is prohibited.