Health Care Complaints Commission v Kabir [2021] NSWCATOD 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Kabir [2021] NSWCATOD 120 Hearing dates: 8 - 9 March 2021 Decision date: 20 August 2021 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Dr V Payne, Senior Member Dr M Cooper, Senior Member D Telford, General Member Decision: Five complaints of unsatisfactory professional conduct and one complaint of professional misconduct have been proven against the respondent. The matter will be listed for further submissions with respect to the issue of what disciplinary orders should be made. (1) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the names of the persons and patients listed in the Schedule to the complaints the subject of the application is prohibited. Catchwords: OCCUPATIONS — Medical practitioners — Misconduct and discipline – unsatisfactory professional conduct – professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (New South Wales) Regulation 2010 (repealed) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34, 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Reid [2018] NSWCATOD 162 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66, 110 ALR 449 R v Falconer [1990] HCA 49; (1990) 171 CLR 30 R v Youssef (1990) 50 A Crim R 1 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Shammi Kabir (Respondent) Representation: Counsel: P Lowson (Applicant) Solicitors: Health Care Complaints Commission (Applicant) Hanna Legal (Respondent) File Number(s): 2019/00337836 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the names of the persons and patients listed in the Schedule to the complaints the subject of the application is prohibited.