Health Care Complaints Commission v Rahman (No 2) [2021] NSWCATOD 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Rahman (No 2) [2021] NSWCATOD 65 Hearing dates: 5 – 6 May 2021 Date of orders: 18 May 2021 Decision date: 18 May 2021 Jurisdiction: Occupational Division Before: Cowdroy AO QC ADCJ, Principal Member Associate Prof M Hooper, Senior Member J Fogarty, Senior Member J Barker, General Member Decision: (1) The registration of the respondent as a medical practitioner is cancelled with effect from seven days after the date of these orders; (2) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW), an application for review of these orders may not to be made during the period of 12 months commencing on the date of these orders; (3) The respondent is to pay the costs of the applicant as agreed or assessed in default of agreement. Catchwords: HEALTH — professional registration and discipline — complaints — inappropriate prescribing of Schedule 4 and Schedule 8 drugs — prescribing without authority — continued prescribing in circumstances where no clinical need existed for drug — drugs prescribed without assessment — drugs prescribed in grossly excessive quantities in unexplained circumstances — prescribing to patients with history of drug dependence — failing to maintain proper clinical records — poor referral practices — self-prescribing — failure to heed warnings concerning prescribing practices Legislation Cited: Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Mohammed Sadiq Asar [2016] NSWCATOD 157 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Hughes and Vale Pty Ltd v The State of New South Wales (No 2) (1955) 93 CLR 127; [1955] HCA 28 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Spicer v New South Wales Medical Board (Court of Appeal (NSW), 19 February 1981, unrep) Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Bassel Abdul Rahman (Respondent) Representation: Counsel: P Aitken (Applicant) S Barnes (Respondent)