Health Care Complaints Commission v Hasan [2021] NSWCATOD 161

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hasan [2021] NSWCATOD 161 Hearing dates: 21 - 23 June 2021 Date of orders: 12 October 2021 Decision date: 12 October 2021 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member J Fogarty, Senior Member M Cox, Senior Member P Macneill, General Member Decision: (1) The Tribunal finds the practitioner guilty of unsatisfactory professional conduct and professional misconduct. (2) The matter is listed for directions to fix a hearing date for the Stage 2 hearing on 15 October 2021. Catchwords: HEALTH – Professional registration and discipline – Finding of Unsatisfactory Professional Conduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chen v Health Care Complaints Commission (2017) NSWLR 334; [2017] NSWCA 186 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mahbub Hasan (Respondent) Representation: Counsel: E Bayley (Applicant) P Morrissey SC (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Hanna Legal (Respondent) File Number(s): 2020/00241421 Publication restriction: Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made prohibiting publication of the name of any person identified as a patient or former patient of the Respondent, the name of the nurse who is the subject of the Complaint made against the Respondent, or the name of the nurse's husband.