Health Care Complaints Commission v Khalighimonfared [2022] NSWCATOD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Khalighimonfared [2022] NSWCATOD 78 Hearing dates: 4 & 5 April 2022 Date of orders: 11 July 2022 Decision date: 11 July 2022 Jurisdiction: Occupational Division Before: J Stevenson ADCJ Dr C Newberry, Senior Member Dr J Aitken, Senior Member D Telford, General Member Decision: (1) The complaint of unsatisfactory professional conduct is established. (2) The complaint of professional misconduct is established. (3) Pursuant to section 149A(1) of the Health Practitioner Regulation National Law (NSW), the practitioner is reprimanded. (4) The following conditions are imposed on the registration of the practitioner: (a) To obtain Medical Council of NSW approval prior to changing the nature or place of his practice. (b) To practice only in a group practice approved by the Medical Council of NSW where there are at least two other registered medical practitioners. (c) Not to possess, supply, administer or prescribe any 'drug of addiction' (Schedule 8 drug) as defined by the Poisons and Therapeutic Goods Act 1966 (NSW). (d) To practice under Category C supervision in accordance with the Compliance Policy of the Medical Council of NSW: i. At each supervision meeting the practitioner is to submit to a review and discussions of his practice with his approved supervisor with particular focus on: a. Appropriate prescribing practices; b. Compliance with legislative requirements; c. Patient management, follow up and clinical outcomes. ii. At each supervision meeting the Council-approved supervisor is to randomly select 5 patient records from the preceding fortnight for review and discussion. a. The details, feedback and discussion are to be recorded and included in supervision reports. (e) To authorise and consent to any exchange of information between the Medical Council of New South Wales, Medicare Australia and Pharmaceutical Services for the purpose of monitoring compliance with these conditions. (5) It is directed that the name and address of the witnesses listed in the Schedule to the Complaint not be disclosed under Clause 7 of Schedule 5D of the Health Practitioner Regulation National Law (NSW) to any person other than the parties to the proceedings. (6) (a)The applicant is directed to file and serve written submissions as to costs within 7 days (b) the respondent is directed to file and serve written submissions as to costs within a further period of 7 days (c) the applicant may file and serve written Submissions in reply within 7 days thereafter. (7) The Medical Council of New South Wales is the appropriate review body to review the conditions imposed on the practitioner (8) Sections 125 to 127 of the Health Practitioner Regulation 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. Catchwords: HEALTH – Professional registration and discipline – Professional misconduct – Unsatisfactory professional conduct Legislation Cited: Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) CLR 336 HCCC v Boulton [2021] NSWCATOD 160 HCCC v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 R v Byrnes & Hopwood [1995] HCA 1; (1995) 183 CLR 501 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mehdi Khalighimonfared (Respondent) Representation: Counsel: M McCarthy (Applicant) R Rodger (Respondent)