Health Care Complaints Commission v Jouda [2023] NSWCATOD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Jouda [2023] NSWCATOD 83 Hearing dates: 24 February 2023 Date of orders: 19 June 2023 Decision date: 19 June 2023 Jurisdiction: Occupational Division Before: I Coleman SC ADCJ, Principal Member Dr J Fogarty, Senior Member Dr C Newberry, Senior Member S Lovrovich, General Member Decision: (1) Pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW), the Tribunal would have cancelled the Respondent's registration if he were still registered as a medical practitioner. (2) Pursuant to s 149C(4)(b) of the Health Practitioner Regulation National Law (NSW), the Tribunal orders that the Respondent is disqualified from being registered as a medical practitioner for a period of 12 months from the date of this decision. (3) Pursuant to s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW), the Respondent is reprimanded. (4) A party seeking an order for costs file and serve written submissions not exceeding 7 pages in length within 28 days of the date of this decision. (5) A party opposing an order for costs file and serve written submissions not exceeding 7 pages in length within 56 days of the date of this decision. (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 in any submissions filed pursuant to these orders submissions in opposition to such course. Catchwords: OCCUPATONS – medical practitioners – misconduct and discipline – unprofessional conduct and professional misconduct – protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 50(2) Health Practitioner Regulation National Law (NSW), ss 3, 3A, 4, 149A-149C Cases Cited: Chatoor v Health Care Complaints Commission of NSW [2020] NSWCA 111 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 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) 74 NSWLR 523; [2009] NSWCA 102 Gad v Health Care Complaints Commission [2002] NSWCA 111 Ghosh v Medical Council of New South Wales (2020) 102 NSWLR 303; [2020] NSWCA 122 Health Care Complaints Commission v Buys (No 3) [2020] NSWCATOD 102 Health Care Complaints Commission v Cahoud [2022] NSWCATOD 36 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Duggan [2015] NSWCATOD 142 Health Care Complaints Commission v Jangodz [2016] NSWCATOD 71 Health Care Complaints Commission v Jouda [2022] NSWCATOD 56 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWSC 29 Health Care Complaints Commission v Luque [2019] NSWCATOD 129 Health Care Complaints Commission v Schmaman [2019] NSWCATOD 82 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lindsay v Health Care Complaints Commission [2005] NSWCA 356 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Dheyaa Kadhim Jouda (Respondent) Representation: Counsel: I Chatterjee (Applicant) M Hutchings (Respondent)