Health Care Complaints Commission v Hachem [2022] NSWCATOD 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hachem [2022] NSWCATOD 169 Hearing dates: 31 October 2022 Date of orders: 19 December 2022 Decision date: 19 December 2022 Jurisdiction: Occupational Division Before: S Dunn, Senior Member R Giuriato, Senior Member R Engel, Senior Member B Seth, General Member Decision: 1. Pursuant to ss 149C(1)(b) and 149C(1)(c) of the Health Practitioner Regulation National Law (National Law) the registration of Elie Michel Hachem (Respondent) as a chiropractor is cancelled. 2. Pursuant to s 149C(7) the Respondent may not apply for a review of Order 1 for a period of one year from the date of these orders. 3. Under clause 13 of Schedule 5D of the National Law the Respondent is to pay the Commission's costs as agreed or assessed. Catchwords: HEALTH – professional registration and discipline – chiropractor – practitioner convicted of criminal offences – repeated failure to notify – whether failures to notify amount to professional misconduct - whether circumstances of the offences render the practitioner unfit in the public interest to practise Legislation Cited: Civil and Administrative Tribunal Act 2013 No 2 (NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 No 40 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing International Pty Ltd v Safework NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Gayed v Walton [1997] NSWSCA 121 Health Care Complaints Commission v Bolton [2021] NSWCATOD 160 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Limboro [2018] NSWCATOD 117 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v McAlpine [2022] NSWCATOD 92 Health Care Complaints Commission v Morris [2022] NSWCATOD 120 Lee v Health Care Complaints Commission [2012] NSWCA 80 at [20] and [31] Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Elie Michel Hachem (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Millennium Lawyers (Respondent) File Number(s): 2022/00181548 Publication restriction: On 8 July 2022 an order was made pursuant to s 64 (1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the disclosure of the names of the persons set out in the schedule to the Complaint.