Health Care Complaints Commission v Ullah [2023] NSWCATOD 139

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ullah [2023] NSWCATOD 139 Hearing dates: 23 August 2023 Date of orders: 19 September 2023 Decision date: 19 September 2023 Jurisdiction: Occupational Division Before: Hon G Watts ADC J, Principal Member Dr S Cowap, Senior Member Dr J Aitken, Senior Member D Telford, General Member Decision: 1. Pursuant to s149C(1)(c) of the National Law the practitioner's registration is cancelled with a non-review period of two years. 2. Pursuant to clause 13 of schedule 5D of the National Law, the practitioner is to pay the Commission's costs as agreed or assessed. 3. Pursuant to clause 7 of Schedule 5D of the National Law the name and address of Person A not be disclosed. Catchwords: OCCUPATIONS-medical practitioners-misconduct and discipline-where the practitioner was convicted of aggravated sexual touching and common assault upon a receptionist at his practice- here the practitioner failed to take responsibility for his behaviour and failed to participate in the hearing -where the practitioner's registration is cancelled with a non- review period of two years Legislation Cited: Crimes Act 1900 Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Hanna [2018] NSWCATOD 113 Health Care Complaints Commission v Wood [2020] NSWCATOD 60 Health Care Complaint Commission v Whittle [2022] NSWCATOD 163 Health Care Complaint Commission v Whittle (No 2) [2022] NSWCATOD 181 Ghosh v Health Care Complaints Commission [2022] NSWCA 229 Lee v Health Care Complaints Commission [2012] NSWCA 80 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Mohammad Ahsan Ullah (Respondent) Representation: Counsel: A Kelly (Applicant)