Health Care Complaints Commission v Chahoud [2022] NSWCATOD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chahoud [2022] NSWCATOD 36 Hearing dates: 21, 22, 23 February 2022 Date of orders: 31 March 2022 Decision date: 31 March 2022 Jurisdiction: Occupational Division Before: M Le Poer Trench ADCJ, Principal Member; Dr S Cowap, Senior Member; Dr C Newberry, Senior Member; D Telford, General Member Decision: (1) Pursuant to s 149C(1)(b) of the National Law the practitioner's registration as a medical practitioner is cancelled. (2) Pursuant to s 149C(7) the practitioner may not apply for a review of the cancellation order for a period of 18 months from the date of the decision. (3) The Respondent is to pay the Health Care Complaints Commission Complaints Commissions' costs of and incidental to these proceedings. (4) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), publication of the name of Patient A referred to in these proceedings is prohibited. Catchwords: HEALTH – finding professional misconduct – s 139E of the national law – finding of unsatisfactory professional conduct – fabrication of evidence for s 150 hearing before medical council – admission of professional misconduct. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523 [83], Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 39 Health Care Complaints Commission v Selim [2021] NSWCATOD 27 Prakash v Health Care Complaints Commission [2006] NSWCA 153 [101] Texts Cited: N/A Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Hazem Chahoud (Respondent) Representation: Counsel: Ms Petrie (Applicant) S Young (Respondent)