Health Care Complaints Commission v Jaffer [2021] NSWCATOD 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Jaffer [2021] NSWCATOD 156 Hearing dates: 24, 25 and 26 May 2021 Date of orders: 15 October 2021 Decision date: 15 October 2021 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Dr C Newberry, Senior Member Dr H Haikal-Mukhtar, Senior Member Honorary Associate Professor P Macneill, General Member Decision: 1 Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the names of the patients referred to as Patient A, Patient B, Patient C, Patient D, Patient E, Patient F, Patient G and Patient H in the Complaint forming part of the Application in this matter is prohibited. 2 Under s 149C(1)(b) of the Health Practitioner Regulation National Law Dr Jaffer's registration as a medical practitioner is cancelled. 3 Under s 149C(7) of the Health Practitioner Regulation National Law, an application for the review of Order (2) may not be made until after three years from the date of this decision. 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) Poisons and Therapeutic Drugs Act 1966 (NSW) Health Practitioner Regulation (New South Wales) Regulation 2010 Health Practitioner Regulation (New South Wales) Regulation 2016 Poisons and Therapeutic Goods Regulation 2008 Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mohammed Jaffer (Respondent) Representation: Counsel: I Chatterjee (Applicant) P Dwyer (Respondent)