Health Care Complaints Commission v Ghougassian [2021] NSWCATOD 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ghougassian [2021] NSWCATOD 169 Hearing dates: 27 - 30 September 2021 Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Occupational Division Before: Cowdroy AO QC ADCJ, Principal Member Dr J Spies, Senior Member Dr S Cowap, Senior Member D Telford, General Member Decision: The Tribunal orders that: (1) The conduct of the respondent satisfies the definition of unsatisfactory professional conduct as referred to in Complaints One to Four inclusive; (2) The proceedings be adjourned part heard until December 10, 2021, or until such earlier date as may become available for the hearing of submissions concerning the imposition of any disciplinary sanctions. Catchwords: HEALTH - professional registration and discipline - practitioner photographing infant daughter of patient – photographs not relevant to the patient's medical treatment and condition – failure of medical practitioner to obtain written consent prior to making photographs of infant –practitioner's requesting patient to remove portion of clothing – failing to maintain proper records – practitioner making video recording of patient – failing to obtain proper consent to video filming – patient requested to remove clothing unnecessary examination of patient – failure to maintain video recording in records. Legislation Cited: Health Practitioner Regulation (New South Wales) Regulation 2010 Health Practitioner Regulation (New South Wales) Regulation 2016 Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) Medical Practice Regulation 2003 (NSW) Medical Practice Regulation 2008 (NSW) Cases Cited: 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 Health Care Complaints Commission v MacGregor [2016] NSWCATOD 86 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 CLR 445; [1992] HCA 66 Parker v Comptroller-General of Customs (2009) 83 ALJR 494; [2009] HCA 7 R v Byrnes (1995) 183 CLR 501; [1995] HCA 1 Slezak, Dr Peter [2011] NSWMPSC 10 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Daniel Ghougassian (Respondent) Representation: Counsel: I Chatterjee (Applicant) A Horvath SC (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Meridian Lawyers (Respondent) File Number(s): 2020/00327196 2021/00089901 Publication restriction: Pursuant to Section 64 of the Civil and Administrative Tribunal Act 2013 (NSW), publication of the name of any person other than the respondent and the expert witnesses is prohibited.