Health Care Complaints Commission v Ibrahim [2022] NSWCATOD 131

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ibrahim [2022] NSWCATOD 131 Hearing dates: 28 July 2022 Date of orders: 26 October 2022 Decision date: 26 October 2022 Jurisdiction: Occupational Division Before: R Lethbridge SC, Senior Member J Zwart, Professional Member B Scott, Professional Member M Christensen, General Member Decision: (1) That pursuant to s.64 of the Civil and Administrative Tribunal Act 2013, disclosure of the name of the person listed in the Schedule to the Health Care Complaints Commission's Application for Disciplinary Findings and Orders filed 24 March 2022 is prohibited. (2) That pursuant to s.149C(1)(c) of the National Law, the Practitioner's registration is cancelled. (3) That pursuant to s.149C(7) of the National Law, that an application for review of the order cancelling the Practitioner's registration under Division 8 may not be made for a period of 2 years from the date of these Orders. (4) That pursuant to Clause 13 of s.5D of the National Law, the Practitioner pay the costs of the Health Care Complaints Commission as agreed or assessed. Catchwords: PHARMACIST - criminal conviction - sexual intercourse with patient without consent - professional misconduct - Registration cancelled Legislation Cited: Crimes Act (NSW) 1900 Health Care Complaints Commission Act 1993 Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 366 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 1906 Gautam v HCCC [2021] NSWCA 85 HCCC v Mikhail [2021] NSWCATOD 103 HCCC v Wilcox [2020] NSWCATOD 10 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Russ [2021] NSWCATOD 5 Health Care Complaints Commission v Wood [2020] NSWCATOD 60 Pharmacy Council v Ibrahim [2020] NSWSC 708 Oshlack v Richmond River Council [1998] HCA 11 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Hany Samir Youssef Ibrahim (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (Self-represented) File Number(s): 2022/00084736 Publication restriction: Pursuant to s.64 of the Civil and Administrative Tribunal Act 2013, disclosure of the name of the person listed in the Schedule to the Health Care Complaints Commission's Application for Disciplinary Findings and Orders filed 24 March 2022 is prohibited.