Health Care Complaints Commission v Sakla [2021] NSWCATOD 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sakla [2021] NSWCATOD 97 Hearing dates: 10 and 11 February 2021 and by written submissions dated 8 and 9 March 2021 Date of orders: 21 July 2021 Decision date: 21 July 2021 Jurisdiction: Occupational Division Before: Sheahan ADCJ, Principal Member Dr K Smartt, Senior Member Dr J Aitken, Senior Member Ms R Kusuma, General Member Decision: The Tribunal makes the following orders: Suspension (1) Pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW) (the National Law), the Tribunal suspends the practitioner's registration for a period of 6 months from the date of this decision. Reprimand (2) Pursuant to s 149A(1)(a) of the National Law, the Tribunal reprimands the practitioner and imposes practice conditions to follow his suspension as detailed in Order (3). Practice conditions (3) Under s 149A(1)(b), (d), (e) and (f) of the National Law, the Tribunal imposes the following conditions on the practitioner's registration and directs that the practitioner is: 1. To practise only in a group practice approved by the Medical Council of New South Wales (the Medical Council) where there are at least two practitioners (including the subject practitioner): (a) where one other practitioner is a registered medical practitioner with a minimum of seven years post-registration experience; (b) where there is always one other registered medical practitioner or staff member on site; 2. To treat no more than 40 patients in any one day; 3. To undergo a Performance Assessment and an audit of his medical records; 4. To nominate an experienced registered medical practitioner to act as his professional mentor for approval by the Medical Council in accordance with the Council's "Compliance Policy – Mentoring" (as varied from time to time): (a) The practitioner is to be mentored for a minimum period of 12 months and as subsequently determined by the Medical Council; (b) The practitioner is to participate in meetings with the mentor on a monthly basis. At each mentoring meeting, the practitioner is to include discussion of the issues highlighted in this decision, his personal and professional development, and any personal and/or medical practice issues as they arise; (c) The practitioner is to authorise the mentor to report, in an approved format, to the Medical Council on a quarterly basis; (d) The practitioner is to authorise the mentor to inform the Medical Council immediately if the mentoring relationship ends, or of any significant concerns regarding the practitioner, or his compliance with any conditions on his registration; 5. To forward, within 14 days of a change in the nature of his practice, evidence to the Medical Council that he has provided a copy of his conditions to the Principal of the practice in any place that he works; 6. To authorise and consent to any exchange of information between the Medical Council and Medicare Australia for the purpose of monitoring compliance with these conditions; 7. To authorise the Medical Council to exchange information with any current and future persons or organisations at any places where he works as a medical practitioner in Australia concerning any issues arising in relation to compliance with these conditions; 8. To be responsible for any costs associated with meeting these conditions. (4) The conditions in Order (3) may be altered, varied or removed by the Medical Council, and the Medical Council is the appropriate review body for the purposes of Part 8, Division 8 of the National Law. (5) Sections 125 to 127 of the National Law are to apply whilst the practitioner's principal place of practice is anywhere in Australia other than in New South Wales so that a review of these conditions may be conducted by the Medical Board of Australia. Catchwords: HEALTH — professional registration and discipline — complaints — medical practitioner found guilty of unsatisfactory professional conduct and professional misconduct — conditions — costs Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Hanna [2017] NSWCATOD 165 Health Care Complaints Commission v Hanna (No 2) [2017] NSWCATOD 178 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Richter v Walton [1993] NSWCA 233 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Do [2014] NSWCA 307 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ashraf Alfy Badie Sakla (Respondent) Representation: Counsel: I Chatterjee (Applicant) C Jackson (Respondent)