Health Care Complaints Commission v FLJ [2023] NSWCATOD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v FLJ [2023] NSWCATOD 7 Hearing dates: 24 November 2022; 23 December 2022 Date of orders: 27 January 2023 Decision date: 27 January 2023 Jurisdiction: Occupational Division Before: The Hon G Watts, ADCJ (Principal Member) Dr S Cowap (Senior Member) Dr A Eyers (Senior Member) D Telford (General Member) Decision: 1. Under s 149C(1)(c) Health Practitioner Regulation National Law (NSW), the registration of Dr FLJ (the Practitioner) is suspended until 3 August 2023. 2. The Practitioner is reprimanded for the unprofessional conduct occasioned by his breach of s 130(1) of the National Law. 3. Pursuant to s 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013 (NSW), an order is made prohibiting the publication of: the name of the Respondent; the name of Person A set out in the Schedule to the Complaint; the specialities of Person A and the Practitioner; and the name of any hospital where Person A or the Practitioner has been employed. 4. If the parties are unable to reach agreement within 14 days as to the order for costs: (a) The Applicant is within seven days to file in writing the order for costs sought and submissions in support of those orders. (b) The Practitioner is within a further seven days to file in writing the order for cost sought and submissions in support of those orders. (c) The Applicant is within a further seven days to file any further submissions in reply or indicate in writing that they do not intend to do so. 5. The order for costs is otherwise reserved. Catchwords: PROFESSIONS AND TRADES – health care professionals – medical practitioners – disciplinary action – practitioner the subject of a criminal finding in relation to a domestic dispute – section 149C(1)(c) of National Law – whether criminal offences render the practitioner unfit "in the public interest" to practise medicine – whether "in the public interest" in s 150(1) has the same meaning as in s 149C(1)(c) of the National Law – the relevance of the use of the word "unfit" in s 149C(1)(c) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Criminal Code Act 1995 (Cth) Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA 186 Council of New South Wales Bar Association v EFA (a pseudonym) [2021] NSWCA 339 at [158]: Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Ex parte Meehan; Re Medical Practitioners Act [1965] NSWR 30 Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Hanna v Medical Council of NSW [2017] NSWCATOD 2 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Bolton [2021] NSWCATOD 160 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Hatoum [2022] NSWCATOD 72 Health Care Complaints Commission v Kaye [2022] NSWCATOD 24 Health Care Complaints Commission v Lidman [2020] NSWCATOD 48 Health Care Complaints Commission v McCarthy [2021] NSWCATOD 201 Health Care Complaints Commission v Morris [2022] NSWCATOD 120 Health Care Complaints Commission v Sun [2022] NSWCATOD 147 Karimi v Medical Council of New South Wales [2017] NSWCATOD 180 Health Care Complaints Commission v Carr (No 2) [2021] NSWCATOD 56 Medical Board of Australia v Juviraj Arulanandarajah [2021] VCAT 85 Nguyen and Nguyen (1990) 169 CLR 245 Peake & Cousins (No 2) [2018] FamCA 1056 Pridgeon v Medical Council of NSW [2022] NSWCA 60 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Ziems v Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279; [1957] HCA 46 Texts Cited: Dennis Pearce Statutory Interpretation in Australia (9th edition) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr FLJ (Respondent) Representation: Counsel: C Akthar (Applicant) T Saunders (Respondent)