Health Care Complaints Commission v Hatoum [2022] NSWCATOD 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hatoum [2022] NSWCATOD 72 Hearing dates: 16 & 17 May 2022 Date of orders: 06 July 2022 Decision date: 06 July 2022 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member Dr G Yeo, Senior Member Dr C Newberry, Senior Member Ms. J Houen, General Member Decision: (1) The Tribunal having noted the order made by the Medical Council of NSW on 31 July 2020 suspending the registration of the Respondent, the Tribunal now suspends the registration of the Respondent pursuant to s. 149C of the National Law, until 16 August 2022. Upon the conclusion of the order for suspension made herein the following conditions are imposed on his registration. Practice conditions: (2) To obtain Medical Council of NSW approval prior to changing the nature or place of his practice. (3) To practise only in a group practice approved by the Medical Council of NSW where there are at least 3 registered medical practitioners (excluding the subject practitioner) and where there is predominantly one other registered medical practitioner always on site. (4) To practise no more than 35 hours per week and no more than 5 days per week. (5) To treat, no more than 4 patients per hour or 25 patients in any one day. (a) This condition does not prohibit the practitioner from providing emergency medical services to a patient in compliance with section 139C(c) of the Health Practitioner Regulation National Law. (b) If any such event occurs, the practitioner 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. (6) Within 7 days of the end of each calendar month, the practitioner is to provide the Medical Council of NSW with a statement of the hours worked, the number of patients seen and the number of hours spent in consultation with his supervisor in the preceding month. (7) To practise under category B supervision 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. (a) The terms of the Council's Compliance Policy – Supervision are varied so that the frequency of the practitioner's review meetings with his supervisor is to be weekly for the first 12 weeks of the practitioner recommencing practice, with the provision of monthly reports to the Medical Council of NSW during the first 12 weeks. (b) At each supervision meeting the practitioner is to review and discuss his practice with his approved supervisor with particular focus on: • professionalism and professional ethics including the maintaining of appropriate professional boundaries with patients; • recent developments in clinical practice; • workload management; • clinical performance including review of medical records and clinical outcomes. (c) To authorise the Medical Council of NSW to provide proposed and approved supervisors with a copy of the decision which imposed this condition and any relevant Council decision or report. (d) Not to practise until a supervisor has been approved by the Medical Council of NSW. (e) To be supervised for a minimum period of one year and as subsequently determined by the Council. (8) To nominate an experienced general practitioner to act as his professional mentor for approval by the 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 Medical Council of NSW. (a) At each mentoring meeting the practitioner is to include discussion of the following: • Personal and/or professional development • Personal and/or medical practice issues as they arise • Personal and/or professional boundary issues • Work/life balance and personal wellbeing (b) To authorise the mentor to report, in an approved format, to the Council every three 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) To authorise the Medical Council of NSW to provide proposed and approved mentors with a copy of the decision which imposed this condition and any relevant Council decision or report. (d) To be mentored for a minimum period of one year and as subsequently determined by the Council. (9) 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. (10) To 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. (11) To provide the Medical Council with evidence of the completion, in a timely way, of the ethics course the Practitioner has enrolled in with the University of Sydney. (12) To attend a Medical Council of NSW's Review Interview on a three-monthly basis or as otherwise directed by the Council. (13) To authorise the Medical Council of NSW to forward copies of the decision which imposed these conditions, and any subsequent Council Review Interview or other reports, and any other information relevant to his health and treatment, to the Council-appointed practitioners and to his treating psychologist. Health Conditions: (14) To attend for therapy by a psychologist of his choice (Dr Pignataro if possible). The frequency of treatment is to be determined by the treating psychologist. The practitioner: (a) Is to authorise the treating psychologist 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 Medical Council of NSW with the professional details of the treating practitioner. Orders: (15) The Medical Council of NSW is the appropriate review body for the purposes of Part 8, Division 8 of the National Law (16) Sections 125 to 127 of the National Law are to apply whilst the practitioner's principal place of practice is anywhere in Australia other than in New South Wales, so that a review of these conditions can be conducted by the Medical Board of Australia. (17) The Respondent is to pay the costs of the Applicant as agreed or as assessed. Catchwords: OCCUPATIONS — Medical practitioners — Misconduct and discipline — Unsatisfactory professional conduct – Professional misconduct Legislation Cited: Health Practitioner Regulation National Law 2013 (NSW) Crimes Act 1900 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 Crimes (Sentencing Procedure) Act 1993 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Chen v Health Care Complaints Commission [2017] NSWCA 186 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Gayed v Walton [1997] NSWSC 279 Health Care Complaints Commission v Bakarich [2019] NSWCATOD 158 Health Care Complaints Commission v Coutinho [2020] NSWCATOD 33 Health Care Complaints Commission v Jodlovich [2021] NSWCATOD 127 Health Care Complaints Commission v Muthunesan [2021] NSWCATOD 178 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Rixon [2016] NSWCATOD 24 Health Care Complaints Commission v Russ [2021] NSWCATOD 5 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lee v Health Care Complaints Commission [2012] NSWCA 80 Minister for Immigration and Multicultural Affairs and Ali (2000) 106 FLR 313 NSW Bar Association v Meakes [2006] NSWCA 340 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Pridgeon v Medical Council of NSW [2020] NSWCA 60 Qasim v Health Care Complaints Commission[2015] NSWCA 282 Sudath v Health Care Complaints Commission [2012]. NSWCA 171 Williams v Lewer (1974) 2 NSWLR 91 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) George Hatoum (Respondent) Representation: Counsel: Mr. A Bhasin (Applicant) Dr P Dwyer (Respondent)