Health Care Complaints Commission v Danaei (No 2) [2021] NSWCATOD 216

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Danaei (No 2) [2021] NSWCATOD 216 Hearing dates: 14 December 2021 Date of orders: 24 December 2021 Decision date: 24 December 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. Under section 149C(1) and (4)(a) of the Health Practitioner Regulation National Law (NSW) (the National Law), if the respondent was still registered as a medical practitioner, the Tribunal would have cancelled his registration. 2. Under section 149C(4)(b) of the National Law, the respondent is disqualified from being registered in the medical profession for a period of one year from the date of these orders. 3. Under section 149C(4)(c) of the National Law, the Medical Board of Australia is required to record the fact that the Tribunal would have cancelled the respondent's registration in the National Register kept by the Board. 4. Under clause 13(1) of Schedule 5D to the National Law, the respondent is to pay the costs of the applicant of the Stage 1 and the Stage 2 proceedings. Catchwords: OCCUPATIONS – medical practitioners – misconduct and discipline – where practitioner no longer registered – powers of Tribunal to suspend or cancel registration and to impose conditions Legislation Cited: Health Practitioner Regulation (New South Wales) Regulation 2016 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Danaei [2021] NSWCATOD 188 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Duggan [2015] NSWCATOD 142 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: Sexual Boundaries; guidelines for doctors, Medical Board of Australia, 28 October 2011 Thomas G Gutheil, MD "Boundary Concerns in Clinical Practice" (2008) 25 Psychiatric Times 1 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Aliyar Danaei (Respondent) Representation: Counsel: A Petrie (Applicant) C Jackson (Respondent)