Health Care Complaints Commission v Gazal [2023] NSWCATOD 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Gazal [2023] NSWCATOD 92 Hearing dates: 3 – 4 May 2023 Date of orders: 26 June 2023 Decision date: 26 June 2023 Jurisdiction: Occupational Division Before: I Coleman SC ADCJ, Principal Member Dr H Haikal-Mukhtar, Senior Member Dr J Aitken, Senior Member J Houen, General Member Decision: (1) The Practitioner is guilty of unsatisfactory professional conduct. (2) The Practitioner is guilty of professional misconduct. (3) The Practitioner is reprimanded. (4) The Applicant file and serve written submissions not exceeding 7 pages in length in support of its costs application within 28 days of the date of the Tribunal's decision. (5) The Respondent file and serve written submissions not exceeding 7 pages in length in opposition to the Applicant's costs application within 56 days of the date of this decision. (6) In the event that either party opposes an order pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) dispensing with a hearing of the Applicant's costs application, that party include in submissions filed pursuant to these orders submissions in support of such opposition. Catchwords: OCCUPATIONS – medical practitioners – misconduct and discipline – professional misconduct – unsatisfactory professional conduct – whether practitioner inappropriately treated and prescribed medication to family members – appropriate protective orders – whether conditions should be imposed on practitioner's registration – reprimanded Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 50(2), 64(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(3)(e)-(f) Evidence Act 1995 (NSW), s 79 Health Practitioner Regulation National Law (NSW), ss 3B, 4, 139B, 139E, 149A, 149C Health Practitioner Regulation (New South Wales) Regulation 2016 Interpretation Act 1987 (NSW), s 33 Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Property (Relationships) Act 1984 (NSW), s 5 Cases Cited: Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21 Dawson v The Law Society of New South Wales [1989] NSWCA 58 Director-General, Dept of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Grygiel (Stay Application) [2019] NSWCATOD 123 Health Care Complaints Commission v Javaheri [2022] NSWCATOD 162 Health Care Complaints Commission v Khalighimonfared [2022] NSWCATOD 78 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWSC 297 Health Care Complaints Commission v Perera [2018] NSWCATOD 112 Health Care Complaints Commission v Thomas [2015] NSWCATOD 60 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 King v Health Care Complaints Commission [2011] NSWCA 353 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Mulpha Australia Limited v Central Sydney Planning Committee (2018) 233 LGERA 385; [2018] NSWLEC 179 Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57 Sudath v Health Care Complaints Commission (2012) 84 NSWLR 474; [2012] NSWCA 171 Thompson v The Public Trustee of New South Wales [2010] NSWSC 1137 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Lindsay Joseph Michael Gazal (Respondent) Representation: Counsel: K Sharma (Applicant) P Aitken (Respondent)