Health Care Complaints Commission v Daniel (No 2) [2022] NSWCATOD 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Daniel (No 2) [2022] NSWCATOD 182 Hearing dates: On the papers Date of orders: 21 December 2022 Decision date: 21 December 2022 Jurisdiction: Occupational Division Before: Coleman SC ADCJ, Principal Member Dr J Aitken, Senior Member Dr G Yeo, Senior Member S Lovorovich, General Member Decision: 1. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), with the parties consent, an in person hearing is dispensed with and the proceedings are to be determined on the papers. 2. Under section 149C(1) of the Health Practitioner Regulation National Law, the registration of Dr Ramez Daniel is cancelled. 3. Under section 149C(7) of the Health Practitioner Regulation National Law, an application for review may not be made for a period of 18 months from the date of this decisions. 4. The Respondent pay the Applicant's costs as agreed or assessed. 5. The Hearing of 20 February 2023 is vacated. Catchwords: PROFESSIONS AND TRADES- registered health professional- medical practitioner- where practitioner found guilty of professional misconduct- where parties consent to protective orders cancelling practitioner's registration and prohibiting practitioner from applying for re-registration for a specified period- whether consent orders should be made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) Cases Cited: Crickitt v Medical Council of New South Wales (No 2) [2015] NSWCATOD 115) Director General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; [1997] 41 NSWLR 630 Health Care Complaints Commission v Schmaman [2019] NSWCATOD 82 Lee v Health Care Complaints Commission [2012] NSWCA 80 NSW Bar Association v Meakes [2006] NSWCA 340 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ramez Daniel (Respondent) Representation: Counsel: D New (Applicant) S Maybury (Respondent)