Health Care Complaints Commission v Moussa (No 2) [2021] NSWCATOD 173

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Moussa (No 2) [2021] NSWCATOD 173 Hearing dates: 17 – 19 May 2021, 14 October 2021 Date of orders: 04 November 2021 Decision date: 04 November 2021 Jurisdiction: Occupational Division Before: The Hon D Cowdroy AO QC ADCJ, Principal Member Dr J Fogarty, Senior Member Dr S Sen, Senior Member D Telford, General Member Decision: The Tribunal: (1) Finds that the respondent is guilty of unsatisfactory professional conduct with respect to Complaints One, Two, Three and Four; and that the respondent is guilty of professional misconduct arising from the finding referred to in Complaint Three. (2) Directs that the parties approach the registrar for the allocation of the hearing date to determine the appropriate disciplinary sanction arising from the above findings. Catchwords: HEALTH — professional registration and discipline — complaints — inappropriate prescribing — inadequate record keeping — practitioner failing to maintain appropriate professional boundaries with patient Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v Safe Work NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 FTZK v Minister for Immigration and Anor [2014] HCA 26; (2014) 88 ALJR 754 Health Care Complaints Commission v Do (2014) NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v McGregor [2016] NSWCATOD 86 Slezak, Dr Peter (2011) NSWMPSC 10 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Jamal Moussa (Respondent) Representation: Counsel: T Stevens (Applicant) A Horvath SC (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Meridian Lawyers (Respondent) File Number(s): 2020/00339532 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act, publication of the name of any patient or witnesses other than expert witnesses referred to in these proceedings is prohibited.