Health Care Complaints Commission v Iqbal [2022] NSWCATOD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Iqbal [2022] NSWCATOD 5 Hearing dates: 13 - 14 December 2021 Date of orders: 17 January 2022 Decision date: 17 January 2022 Jurisdiction: Occupational Division Before: Balla ADCJ, Principal Member Dr S Patel, Senior Member Dr E Summers, Senior Member S Lovrovich, General Member Decision: 1. In respect of Complaint One, Dr Iqbal is guilty of unsatisfactory professional conduct. 2. In respect of Complaint Two, Dr Iqbal is guilty of unsatisfactory professional conduct. 3. In respect of Complaint Three, Dr Iqbal is guilty of professional misconduct. Catchwords: OCCUPATIONS – Medical practitioners – Misconduct and discipline – Unsatisfactory professional conduct – Professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s 64(1)(a) Health Practitioner Regulation National Law (NSW) ss 139B(1)(a), (l) and 139E Cases Cited: Ahmad, Dr Firoz Uddin [2013] NSWMPSC 8 Briginshaw v Briginshaw (1938) 60 CLR 336 Health Care Complaints Commission v Bainbridge [2018] NSWCATOD 169 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Parker v Comptroller of Customs (2009) 83 ALJR 494; [2009] HCA 7 R v Byrnes (1995) 183 CLR 501 Re A Medical Practitioner and the Medical Practice Act, (NSWMT, 3 September 2007, unrep) Texts Cited: Medical Board of Australia, "Good Medical Practice: A Code of Conduct for Doctors in Australia" (March 2014) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Rashid Iqbal (Respondent) Representation: Counsel: S Flood (Applicant) Dr P Dwyer (Respondent)