Health Care Complaints Commission v Morsingh (No 3) [2022] NSWCATOD 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Morsingh (No 3) [2022] NSWCATOD 28 Hearing dates: 9 August 2021 Date of orders: 2 March 2022 Decision date: 02 March 2022 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Dr J Aitken, Senior Member Dr H Haikal-Mukhtar, Senior Member Dr C Berglund, General Member Decision: (1) Dr Morsingh's registration as a medical practitioner is cancelled pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW). (2) A non-review period of two years is imposed upon Dr Morsingh pursuant to s 149C(5) of the Health Practitioner Regulation National Law (NSW). (3) Dr Morsingh is prohibited from providing any health service as defined in section 4 of the Health Care Complaints Act 1993 (NSW) until such time as he is a registered health practitioner pursuant to s 149C(5) of the Health Practitioner Regulation National Law (NSW). (4) Dr Morsingh is to pay the costs of the Health Care Complaints Commission. Catchwords: HEALTH — professional registration and discipline — professional misconduct — protective orders Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Litchfield [1997] NSWSC 297 Health Care Complaints Commission v Morsingh [2021] NSWCATOD 13 Lee v Health Care Complaints Commission [2012] NSWCA 80 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Health Care Complaints Commission (applicant) Raymond Morsingh (respondent) Representation: Counsel: D Fuller (applicant) P Nematalla (respondent)