Safi v Medical Council of New South Wales [2022] NSWCATOD 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Safi v Medical Council of New South Wales [2022] NSWCATOD 30 Hearing dates: 11 February 2022 Date of orders: 7 March 2022 Decision date: 07 March 2022 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr K Keenan, Senior Member Dr S Patel, Senior Member D Telford, General Member Decision: (1) The Tribunal makes a reinstatement order. (2) The following practice and health conditions are attached to Mr Safi's registration: Practice conditions 1. The practitioner must obtain Medical Council of NSW approval prior to changing the nature or place of his practice. 2. The practitioner must practise in a group practice approved by the Medical Council of NSW where there are at least two registered medical practitioners (excluding the Practitioner): Where the patients and patient records are shared between medical practitioners Where there is always one other registered medical practitioner on site 3. For female patients 13 years or over, the practitioner must not examine the patient or perform any procedure unless the examination or procedure is observed by a chaperone in accordance with the following requirements: a. Prior to any such examination or procedure, the practitioner must tell the female patient of the requirement for a chaperone to be present and obtain the person's consent. If the person does not consent, the examination or procedure must not take place. b. The patient's consent must be recorded in the patient's notes. c. The chaperone may be the parent or guardian of a person aged between 13 and 17 years if the parent or guardian consents to performing that role. d. The parent or guardian's consent must be recorded in the patient's notes. e. For patients 18 years or over, the chaperone must be a registered nurse, registered enrolled nurse or nurse practitioner who has been approved by the Medical Council of New South Wales. f. The practitioner must forward to the Council within seven days of the end of each month a report listing all consultations where an observer was required including the time and date of the consultation, the kind of examination or procedure performed, the name and signature of the observer, the name and signature of the patient 13 years and over indicating her consent and the name and signature of the parent or guardian consenting to performing the role of chaperone. g. The cost of complying with this condition is to be paid by the practitioner. h. The practitioner may provide emergency medical services to female patients in compliance with section 139C(c) of the Health Practitioner Regulation National Law. i. If the practitioner provides such emergency care, he 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. 4. The practitioner must work no more than 40 hours a week over five days and see no more than, 6 patients an hour, 32 patients a day and 160 patients a week. When requested to do so by the Medical Council of NSW, the practitioner is to provide the Medical Council with copies of records confirming the number of patients treated, their consultation times and hours worked on any dates as specified by the Council. 5. The practitioner must nominate an experienced general practitioner to act as his professional mentor for approval by Medical Council of NSW in accordance with the Medical Council of NSW's Compliance Policy – Mentoring (as varied from time to time) and as subsequently determined by the appropriate review body. a. At each mentoring meeting the practitioner is to include discussion of the issues highlighted in this decision, his personal and professional development and any personal and/or medical practice issues as they arise. b. The practitioner must authorise the mentor to report, in an approved format, to the Medical Council of NSW every six months about the fact of contact, and to inform the Council if there is any concern about his professional conduct, health or personal wellbeing. c. The practitioner must authorise the Medical Council of NSW to provide proposed and approved mentors with a copy of the decision which imposed this condition and any other decision or report as determined by the Council. 6. The practitioner must authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia for the purpose of monitoring compliance with these conditions. 7. The practitioner must authorise the Medical Council of NSW to notify current and future persons or organisations at any places where he works as a medical practitioner in Australia of any issues arising in relation to compliance with these conditions. Health conditions 8. The practitioner attend for treatment by a registered psychologist of his choice. The frequency of treatment is to be determined by the treating practitioner. The practitioner: a. must authorise the treating practitioner to inform the Medical Council of NSW of any of the following: (i) failure to attend for treatment; (ii) termination of treatment; or (iii) a significant change in health status (including a significant temporary change). b. must provide the Council with the professional details of the treating practitioner. c. must authorise the Medical Council of NSW to forward a copy of this decision and any other decision or report as determined by the Council to the treating practitioner. Notations A. The Medical Council of NSW is the appropriate review body for the purposes of Part 8, Division 8 of the Health Practitioner Regulation National Law (NSW). B. Sections 125 to 127 of the Health Practitioner Regulation National Law are applicable while the practitioner's principal place of practice is anywhere in Australia other than New South Wales, so that a review of these conditions may be conducted by the Medical Board of Australia. Catchwords: HEALTH — Professional registration and discipline — Registration — medical practitioner's application for reinstatement to register – where practitioner initially denied any wrongdoing – where practitioner now admits sexual misconduct in relation to Patient A and admits being untruthful – where practitioner has undergone psychological therapy and has gained insight into his misconduct – where risk of re-offending is low – whether practitioner's registration as a medical practitioner should be reinstated – appropriate conditions on registration Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Dr Safi (No 2) [2017] NSWCATOD 69 Health Care Complaints Commission v Safi (No 4) [2017] NSWCATOD 102 Jan v Health Care Complaints Commission [2021] NSWSC 350 Safi v Medical Council of NSW [2020] NSWCATOD 28 Zepinic v Health Care Complaints Commission (No 2) [2018] NSWCATOD 166 Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Category: Principal judgment Parties: Mohammed Safi (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: I Chatterjee (Applicant) H El-Hage (Respondent)