Health Care Complaints Commission v Danaei [2021] NSWCATOD 188

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Danaei [2021] NSWCATOD 188 Hearing dates: 27 October 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr J Aitken, Senior Member Dr E O'Brien, Senior Member J Barker, General Member Decision: 1. Dr Danaei has engaged in unsatisfactory professional conduct. 2. Dr Danaei has engaged in professional misconduct. 3. Dr Danaei is to file and serve any further evidence on which he intends to rely for the Stage 2 hearing by 3 December 2021. 4. The Stage 2 hearing is listed for one day on 14 December 2021. Catchwords: OCCUPATIONS – medical practitioners – misconduct and discipline – unsatisfactory professional conduct – professional misconduct – where practitioner engaged in sexual relationship with patient Legislation Cited: Health Practitioner Regulation (New South Wales) Regulation 2016 Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Sare [2018] NSWCATOD 190 Briginshaw v Briginshaw (1938) 60 CLR 336 at 362; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Texts Cited: Good Medical Practice; A Code of Conduct for Doctors in Australia, Medical Board of Australia, March 2014 Sexual Boundaries; guidelines for doctors, Medical Board of Australia, 28 October 2011 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Aliyar Danaei (Respondent) Representation: Counsel: A Petrie (Applicant) C Jackson (Respondent)