Health Care Complaints Commission v Hasan [2022] NSWCATOD 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hasan [2022] NSWCATOD 52 Hearing dates: 31 March 2022 Date of orders: 11 May 2022 Decision date: 12 May 2022 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member Dr J Fogarty, Senior Member Dr M Cox, Senior Member Associate Prof P McNeill, General Member Decision: 1. Having noted the order made by the Medical Council on 16 July 2020 suspending the registration of the Respondent, we now suspend the registration of the Respondent pursuant to s 149C of the National Law, until 30 June 2022. 2. The following Conditions are to be attached to the registration of the Respondent as a medical practitioner to take effect from the day following the cessation of the suspension order made herein. A. To practise under Category C Supervision from recommencement of medical practice in accordance with the Medical Council of NSW's Compliance Policy - Supervision (as varied from time to time) and as subsequently determined by the appropriate review body and: a. At each supervision meeting, the respondent is to review and discuss his practice with his approved Supervisor with a particular focus on: (i) Communication issues with colleagues, staff, patients and their families (ii) Maintaining professional boundaries with colleagues, staff, patients and their families (iii) Continuing Professional Development and ongoing education and training (iv) Clinical performance (v) Compliance with conditions. b. To authorise the Medical Council of NSW to provide proposed and approved Supervisors with a copy of this decision and any subsequent relevant reports or decisions. c. Not to practise until a supervisor has been approved by the Medical Council of NSW Notifying current employers B. To forward evidence to the Medical Council of NSW within 14 days from recommencement of medical practice, that he has provided a copy of this decision to his employer. Notifying future employers C. Within 14 days of a change in the nature or place of his practice, he is to forward evidence to the Medical Council of NSW that he has provided a copy of this decision to his employer. Information exchange D. To 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. E. To authorise the Medical Council of NSW to notify current and future persons or organisations at places where he works as a medical practitioner in Australia, of any issues arising in relation to compliance with these conditions. Costs F. To bear all costs arising out of compliance with these conditions. Review G. The appropriate review body for the purpose of a review under section 163 -163C of the Health Practitioner Regulation National Law is the Medical Council of NSW when the respondent has a principal place of practice in NSW. H. Sections 125 and 127 of the Health Practitioner Regulation National Law are to apply while the respondent's principal place of practice is anywhere in Australia other than NSW, so that a review of these conditions can be conducted by the Medical Board of Australia. 3. Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made prohibiting publication of the name of any person identified as a patient or former patient of the Respondent, the name of the nurse who is the subject of the Complaint made against the Respondent, or the name of the nurse's husband. 4. The Respondent is to pay the costs of the HCCC for the proceeding to the conclusion of the Stage 1 hearing and determination. Such costs are to be as agreed or as assessed. 5. The parties are to negotiate any costs orders sought by either of them arising from the Stage 2 hearing and in the event of an agreement being reached provide a Minute of an agreed order to the Tribunal. 6. In the event the parties are unable to agree in relation to the costs order to be made arising from the Stage 2 hearing then the parties are each to provide a minute of the order sought, a submission in support of the order sought and copies of any further evidence relied upon in support of the order, within 14 days of the date of these orders. Then each may file and serve within a further seven day period, any response to the others submissions and evidence. Catchwords: HEALTH — Professional registration and discipline — Unsatisfactory professional conduct Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Amiesen v Medical Council of NSW [2021] NSWCATOD 155 Chen v HCCC [2017] NSWCA 186 Council of the New South Wales Bar Association v EFA (a pseudonym) [2021] NSWCA 339 Dawson v Law Society of New South Wales [1989] NSWCA 58 Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Hampshire v HCCC [2021] NSWCA 283 HCCC v Litchfield (1997) 41 NSWLR 630 HCCC v Philipiah [2013] NSWCA 342 Health Care Complaints Commission Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission Complaints Commission v Martin [2022] NSWCATOD 33 Health Care Complaints Commission v Bolton [2021] NSWCATOD 160 Health Care Complaints Commission v Brush (No. 2) [2015] NSWCATOD 154 Health Care Complaints Commission v Cheung [2018] NSWCATOD 10 Health Care Complaints Commission v CSM [2016] NSWCATOD 125 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karunaratne (No 2) [2018] NSWCATOD 201 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Martin [2022] NSWCATOD 33 Lee v HCCC [2012] NSWCA 80 NSW Bar Association v Meakes [2006] NSWCA 340 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Safi v Medical Council of New South Wales [2022] NSWCATOD 30 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mahbub Hasan (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Hanna Legal (Respondent) File Number(s): 2020/00241421 Publication restriction: Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made prohibiting publication of the name of any person identified as a patient or former patient of the Respondent, the name of the nurse who is the subject of the Complaint made against the Respondent, or the name of the nurse's husband.