Health Care Complaints Commission v Iqbal [2022] NSWCATOD 165

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Iqbal [2022] NSWCATOD 165 Hearing dates: 29 November 2022 Date of orders: 13 December 2022 Decision date: 13 December 2022 Jurisdiction: Occupational Division Before: Balla ADCJ, Principal Member Dr S Patel, Senior Member Dr E Summers, Senior Member S Lovrovich, General Member Decision: (1) Pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW), the registration of Dr Iqbal as a medical practitioner is suspended for a period of 6 months commencing 21 days after the date of these Orders. (2) Pursuant to s 149A(1)(b) of the Health Practitioner Regulation National Law (NSW), on the expiration of the suspension of the registration of Dr Iqbal, his registration shall be subject to the conditions set out in the Schedule headed "Health Care Complaints Commission v Dr Iqbal - Conditions". (3) Pursuant to s 149C(5) of the Health Practitioner Regulation National Law (NSW) Dr Iqbal is prohibited from providing any health service as defined by s 4 of the Health Care Complaints Act 1993 for a period of 6 months commencing 21 days after the date of these Orders. (4) The Medical Council is the appropriate review body for the purposes of Division 8 of Part 8 of the Health Practitioner Regulation National Law (NSW). (5) Dr Iqbal is to pay the costs of the Health Care Complaints Commission. Catchwords: OCCUPATIONS – Medical practitioners – Misconduct and discipline – Unsatisfactory professional conduct – Professional misconduct – Protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) ss 3, 3A, 149A, 149B, 149C, Div 8 Cases Cited: Hampshire v Health Care Complaints Commission [2021] NSWCA 283 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Iqbal [2022] NSWCATOD 5 Lee v Health Care Complaints Commission [2012] NSWCA 80 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Rashid Iqbal (Respondent) Representation: Counsel: S Flood (Applicant) P Dwyer (Respondent)