Health Care Complaints Commission v Jamnagarwalla (No 2) [2023] NSWCATOD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Jamnagarwalla (No 2) [2023] NSWCATOD 1 Hearing dates: 24 November 2022 Date of orders: 9 January 2023 Decision date: 09 January 2023 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr J Aitken, Senior Member Dr G Albert, Senior Member Honorary Associate Prof P Macneill, General Member Decision: (1) Dr Jamnagarwalla's registration as a medical practitioner is cancelled. (2) Dr Jamnagarwalla may not apply for review of Order 1 under Division 8 of the Health Practitioner Regulation National Law for one year from the date of this decision. (3) Dr Jamnagarwalla's application for a non-publication order is refused. (4) Dr Jamnagarwalla is to pay the costs of the Health Care Complaints Commission as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH – Professional registration and discipline –appropriate orders following findings of professional misconduct - non-publication orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law Health Practitioner Regulation (New South Wales) Regulation 2016 Health Care Complaints Act 1993 (NSW) Legal Profession Uniform Application Act 2014 (NSW) Cases Cited: Arian v Nguyen [2001] NSWCA 5 Cakan v Health Care Complaints Commission [2020] NSWCATOD 116 Council of the New South Wales Bar Association v EFA (No 2) [2021] NSWCATOD 84 HCCC v Simring (Suppression Order) [2010] NSWMT 6 Health Care Complaints Commission v BXD (No 2) [2015] NSWCATOD 135 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr A [2012] NSWMT 10 Health Care Complaints Commission v Dr CRF [2016] NSWCATOD 120 Health Care Complaints Commission v Dr Mazzaferro [2011] NSWMT 9 Health Care Complaints Commission v FCE (No 2) [2021] NSWCATOD 203 Health Care Complaints Commission v Gorrell (No 2) [2022] NSWCATOD 62 Health Care Complaints Commission v Jamnagarwalla [2021] NSWCATOD 149 Health Care Complaints Commission v Jamnagarwalla [2022] NSWCATOD 61 Health Care Complaints Commission v Litchfield [1997] 41 NSWLR 630 Health Care Complaints Commission v Rickard [2017] NSWCATOD 120 Health Care Complaints Commission v Vo [2014] NSWCATOD 127 Lee v Health Care Complaints Commission [2012] NSWCA 80 NSW Medical Board v Dinakar [2009] NSWMT 8 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Re Dr Than Le, unreported, NSWMT, 20 September 2001 Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) [2005] NSWSC 1111 Texts Cited: Good Medical Practice, A Code of Conduct for Doctors in Australia, July 2009 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Mustafa Jamnagarwalla (Respondent) Representation: Counsel: M Windsor SC (Respondent)