Health Care Complaints Commission v Sallam [2021] NSWCATOD 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sallam [2021] NSWCATOD 118 Hearing dates: 9 June and 2 August 2021 Date of orders: 23 August 2021 Decision date: 23 August 2021 Jurisdiction: Occupational Division Before: Cowdroy AO QC ADCJ, Principal Member Dr M Sheridan, Senior Member Dr G Yeo, Senior Member J Houen, General Member Decision: The Tribunal makes the following orders: (1) Had the respondent been registered as a medical practitioner, the Tribunal would have cancelled such registration pursuant to section 149C(4)(a) of the National Law. (2) Pursuant to section 149C(4)(b) the respondent is disqualified from being registered in the health profession for a period of five years from the date of these orders and is not eligible to apply for reregistration until the expiration of five years from the date of these orders. (3) The National Board with which the respondent is registered is to record the fact that the Tribunal would have suspended or cancelled the respondent's registration in the National Register kept by the Board as provided by section 149C(4)(c). (4) The respondent is to pay the costs of and incidental to the applicant of these proceedings as agreed and failing agreement, liberty to restore before the Tribunal for assessment. (5) Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013, the publication of the name of any patient referred to in the records filed in these proceedings is prohibited. Catchwords: HEALTH — professional registration and discipline — practitioner administering injections to spine and neck area of patients without adequate qualification and expertise – death of patient resulting from injection – severe pain caused by procedures to other patients resulting from injections Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) Poisons and Therapeutic Goods Act 1956 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Director-General, Dept of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 FTZK v Minister for Immigration and Border Protection [2014] HCA 26 Ghosh v Health Care Complaints Commission [2020] NSWCA 353 HCCC v Iskander [2015] NSWCATOD 30 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Istephan [2017] NSWCATOD 15 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 39 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v XC [2015] NSWCATOD 9 Latoudis v Casey (1990) 170 CLR 534 McBride v Walton (Court of Appeal (NSW), 15 July 1994, unrep) Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qidwai v Brown (1984) 1 NSWLR 100 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Atef El-Sayed Mahmoud Sallam (Respondent) Representation: Counsel: T Stevens (Applicant)