Health Care Complaints Commission v Kabir (No 2) [2022] NSWCATOD 38

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Kabir (No 2) [2022] NSWCATOD 38 Hearing dates: 7 March 2022 Date of orders: 8 April 2022 Decision date: 08 April 2022 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Dr V Payne, Senior Member Dr M Cooper, Senior Member D Telford, General Member Decision: (1) Dr Kabir is reprimanded. (2) Dr Kabir is suspended from the register of health practitioners for a period of four months, commencing four weeks after the date of the publication of these orders. (3) It is a condition of his registration that, following the end of his suspension, Dr Kabir is to attend for treatment by a psychologist of his choice on a monthly basis for a minimum of six months. (4) It is a condition of his registration that Dr Kabir: (a) inform the Medical Council of NSW of the name, address and qualifications of his treating psychologist, (b) authorise his treating psychologist to inform the Medical Council of NSW of all and any of the following: (i) Dr Kabir's failure to attend for treatment (ii) The termination of treatment (iii) A significant change in Dr Kabir's health status (including a significant temporary change). (5) It is a condition of his registration that Dr Kabir do the following in relation to Continuing Professional Development: (a) nominate and obtain the approval of the Medical Council of NSW for a senior anaesthetist to be his mentor for the purpose of selecting Continuing Professional Development activities relevant to anaesthetists for Dr Kabir to attend, (b) for the two years following the end of the period of his suspension, meet with the mentor on at least two occasions, (c) complete at least two of the activities offered in the Australian and New Zealand College of Anaesthetists (ANZCA) Continuing Professional Development Emergency Response modules by the end of 2023, one of which shall include cardiac arrest. (6) The Medical Council of NSW is the appropriate review body to review the conditions imposed by Orders 3, 4 and 5 of these orders. The Health Practitioner Regulation National Law ss 125, 126 and 127 will apply if Dr Kabir's place of practice is anywhere in Australia other than New South Wales so that the appropriate review body in those circumstances will be the Medical Board of Australia. (7) Dr Kabir is to pay the costs of the Health Care Complaints Commission as agreed or assessed. Catchwords: OCCUPATIONS — Medical practitioners — Misconduct and discipline – disciplinary orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Coroners Act 2009 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Hampshire v Health Care Complaints Commission [2021] NSWCA 283 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Kabir [2021] NSWCATOD 120 Health Care Complaints Commission v Litchfield (1997) NSWSC 297; 41 NSWLR 630 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Shammi Kabir (Respondent) Representation: Counsel: P Lowson (Applicant)