Health Care Complaints Commission v Hossain [2022] NSWCATOD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hossain [2022] NSWCATOD 31 Hearing dates: 22 and 23 November 2021 Date of orders: 8 March 2022 Decision date: 08 March 2022 Jurisdiction: Occupational Division Before: The Hon T Sheahan ADCJ, Principal Member Dr A Reid, Senior Member Dr C Newberry, Senior Member Honorary Associate Prof P Macneill, General Member Decision: Further to the Tribunal's order of 22 November 2021, pursuant to s 64 of the Civil and Administrative Tribunal Act (NSW) 2013, prohibiting disclosure of the names of persons listed in the Schedule to the Applicant's Amended Complaint dated 19 November 2021, the Tribunal now orders that: (1) The Respondent Dr MD Anwar Hossain's registration be cancelled, pursuant to s 149(c)(1)(b) of the Health Practitioner Regulation National Law (NSW); (2) The Respondent Dr MD Anwar Hossain be precluded, for a period of twelve months from the date of cancellation pursuant to Order (1), from making any application for a review of Order (1); (3) The Respondent Dr MD Anwar Hossain pays the Applicant's costs of these proceedings. Catchwords: HEALTH — professional registration — complaints — medical practitioner found guilty of unsatisfactory professional conduct and professional misconduct — non-publication order — protective orders — costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Arian v Nguyen [2001] NSWCA 5 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Mitchell [2015] NSWCATOD 151 Health Care Complaints Commission v Perroux [2011] NSWDC 99 Health Care Complaints Commission v Perroux (No 2) [2011] NSWMT 15 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Anwar Hossain (Respondent) Representation: Counsel: R Donnelly (Applicant)