Health Care Complaints Commission v Khorami [2023] NSWCATOD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Khorami [2023] NSWCATOD 16 Hearing dates: 29 November 2022 Date of orders: 20 February 2023 Decision date: 20 February 2023 Jurisdiction: Occupational Division Before: Coleman SC ADCJ, Principal Member Dr J Aitken, Senior Member Dr M Cox, Senior Member D Telford, General Member Decision: (1) Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW) (National Law), the registration of the Respondent as a medical practitioner is cancelled; (2) Pursuant to s 149C(5)(a) of the National Law, the Respondent is permanently prohibited from providing all health services within s 5 of the National Law; (3) Pursuant to s 149C(7) of the National Law, the Respondent may not make an application to review orders 1 or 2 for a period of 10 years from the date of these orders; (4) Any party seeking an order for costs of the proceedings file and serve written submissions not exceeding 5 pages in length in support of such application within 35 days of these orders; (5) A party opposing an order for costs file and serve written submissions not exceeding 5 pages in length in support of such opposition within 70 days of these orders. (6) A party opposing an order pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) dispensing with a hearing of any costs application include submissions in support of such opposition in any submissions filed pursuant to order 4 or 5 of these orders. Catchwords: PROFESSIONS AND TRADES - Medical Practitioners - where practitioner convicted of criminal offences - whether registration of practitioner should be cancelled - whether practitioner should be prohibited from applying for reinstatement of registration for specified period - whether practitioner should be prohibited from providing health services Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law Interpretation Act 1987 (NSW) Public Health Act 2010 (NSW) Cases Cited: Alcan (NT) Alumina Pty Limited v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 Chen v Health Care Complaints Commission [2017] NSWCA 186; 95 NSWLR 334 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Dawson v Law Society of New South Wales [1989] NSWCA 58 Director General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; [2009] 74 NSWLR 523 Health Care Complaints Commission v Bakarich [2019] NSWCATOD 158 Health Care Complaints Commission v Borthistle [2017] NSWCATOD 56 Health Care Complaints Commission v Collins [2021] NSWCATOD 132 Health Care Complaints Commission v Conte [2021] NSWCATOD 37 Health Care Complaints Commission v Dawes [2015] NSWCATOD 8 Health Care Complaints Commission v De Lore [2020] NSWCATOD 72 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Holbrook [2019] NSWCATOD 146 Health Care Complaints Commission v Kazeme [2020] NSWCATOD 25 Health Care complaints Commission v Limboro [2018] NSWCATOD 117 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; [1997] 41 NSWLR 630 Health Care Complaints Commission v Menz (No 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Russ [2021] NSWCATOD 5 Health Care Complaints Commission v Sbirziola [2022] NSWCATOD 118 Health Care Complaints Commission v Sheldrake (No 2) [2017] NSWCATOD 24 Health Care Complaints Commission v Turner [2016] NSWCATOD 163 Health Care Complaints Commission v Wood [2020] NSWCATOD 60 Health Care Complaints Commissioner v Karunaratne (No 2) [2018] NSWCATOD 201 Lamont v Commissioner for Railways (1963) 80 WN (NSW) 1242 Independent Commission Against Corruption v Cunneen [2015] HCA 14 Khorami v R; R v Khorami [2021] NSWCCA 228 Lee v Health Care Complaints Commission [2012] NSWCA 80 New South Wales Bar Association v Cummins [2001] NSWCA 284 NSW Bar Association v Meakes [2006] NSWCA 340 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 R v Khorami [2021] NSWDC 760 R v McN [1963] SR (NSW) 186 R v Qutami [2001] NSWCCA 353 Alvares v R, Farache v R [2011] NSWCCA 33 SAS Trustee Corporation v Miles [2018] HCA 55 Ziems v Prothonotary of the Supreme Court of New South Wales [1957] HCA 46; (1957) 97 CLR 279 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ali Kalantari Khorami (Respondent) Representation: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2021/00200153 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made prohibiting disclosure to any person or entity of the names of the patients set out in the schedule to the complaint or referred to in this decision.