Health Care Complaints Commission v Balafas (No 5) [2021] NSWCATOD 218

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Balafas (No 5) [2021] NSWCATOD 218 Hearing dates: 17 December 2021 Date of orders: 23 December 2021 Decision date: 23 December 2021 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Decision: 1. Dr Balafas's registration is subject to the following conditions: (a) Not to consult, examine, treat including prescribe to, or perform any procedures on any female. (b) The practitioner may only provide emergency medical services to such persons in compliance with section 139C(c) of the Health Practitioner Regulation National Law (NSW). (c) If any such event occurs, the practitioner must notify the Medical Council of NSW within 24 hours and provide details of the event and any other information as requested by the Council. 2. Under clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW), Dr Balafas is to pay the Health Care Complaints Commission's cost as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH — professional registration and discipline — finding of professional misconduct — whether to make an interlocutory order pending Stage Two proceedings Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Clarke v Nursing and Midwifery Council [2017] NSWCATOD 163 Health Care Complaints Commission v Balafas (No 4) [2021] NSWCATOD 209 Health Care Complaints Commission v Morsingh (No 2) [2021] NSWCATOD 31 Pharmacy Council of NSW v Ibrahim [2020] NSWSC 708 Texts Cited: New South Wales Legislative Council, Parliamentary Debates (Hansard), 9 March 2016 at 7115 Category: Procedural rulings Parties: Health Care Complaints Commission (Applicant) John Balafas (Respondent) Representation: Counsel: R Mathur (Applicant) P Dwyer (Respondent)