Health Care Complaints Commission v Balafas (No 6) [2022] NSWCATOD 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Balafas (No 6) [2022] NSWCATOD 183 Hearing dates: 5 December 2022 Date of orders: 21 December 2022 Decision date: 21 December 2022 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr K Smartt, Senior Member Dr S Cowap, Senior Member Honorary Associate Prof P Macneill, General Member Decision: 1. Under s 149C(4)(a) of the National Law, if Dr Balafas was still registered, the Tribunal would have cancelled his registration. 2. Under s 149C(4)(b) of the National Law Dr Balafas is disqualified from being registered for 3 years. 3. Under s 149C(4)(c) of the National Law the National Board is required to record the fact that if the practitioner were still registered, the Tribunal would have cancelled his registration in the National Register kept by the Board. 4. Under s 149C(5)(a) of the National Law Dr Balafas is prohibited from providing any health service as defined in section 4 of the Health Care Complaints Act 1993 until reinstated as a medical practitioner. 5. Under clause 13 of Schedule 5D of the National Law that the practitioner pay the Commission's costs as agreed or assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH – Professional registration and discipline – appropriate orders following findings of professional misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Balafas (NCAT, 18 November 2022, unrep) Health Care Complaints Commission v Balafas [2021] NSWCATOD 209. Health Care Complaints Commission v Carr (No 2) [2021] NSCATOD 56 Health Care Complaints Commission v Chen [2021] NSWCATOD 210 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Menz (No 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Ng [2015] NSWCATOD 139 Health Care Complaints Commission v Schmaman [2019] NSWCATOD 82 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) John Balafas (Respondent) Representation: Counsel: R Mathur SC (Applicant) P Dwyer (Respondent)