Health Care Complaints Commission v Moussa (No 3) [2022] NSWCATOD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Moussa (No 3) [2022] NSWCATOD 26 Hearing dates: 14 February 2022 Date of orders: 3 March 2022 Decision date: 03 March 2022 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: (1) The registration of the respondent be cancelled pursuant to section 149C(1)(b) of the National Law; (2) The respondent be prevented from providing any health services until re-registration as a health practitioner as provided by section 149C(5)(a) of the National Law; (3) The respondent not make an application for review under Division 8 of the National Law for a period of one year from the date of these orders as provided by section 149C(7) of the National Law; (4) The respondent pay the costs of the applicant of these proceedings as provided by Schedule 5D, Clause 13 of the National Law. (5) Pursuant to section 64 (1) of the Civil and Administrative Tribunal Act 2013, the disclosure and a publication of the names of the patient and the witnesses in these proceedings is prohibited Catchwords: HEALTH – professional registration and discipline – determination of protective measures following findings of unsatisfactory professional conduct and professional misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (New South Wales) Regulation 2016 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Crickitt v Medical Council of NSW (No. 2) [2015] NSWCATOD 115 Director -General, Department of Ageing Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Chamberlain [2017] NSWCATOD 122 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Mazzaferro [2011] NSWMT 9 Health Care Complaints Commission v Echano [2018] NSWCATOD 30 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Khan (No 2) [2019] NSWCATOD 37 Health Care Complaints Commission v Moussa (No. 2) [2021] NSWCATOD 173 Latoudis v Casey (1990) 170 CLR 534 New South Wales Medical Board v Dinakar [2009] NSWMT 8 NSW Bar Association v Meakes [2006] NSWCA 340 Ohn v Walton (1995) 36 NSWLR 77 Prakash v Healthcare Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Roberts v Medical Council of New South Wales [2015] NSWCATOD 35 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Jamal Moussa (Respondent) Representation: Counsel: A Bhasin (Applicant) A Horvath SC (Respondent)