Health Care Complaints Commission v Hanna [2024] NSWCATOD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hanna [2024] NSWCATOD 26 Hearing dates: 15 – 16 November 2023 Date of orders: 13 March 2024 Decision date: 13 March 2024 Jurisdiction: Occupational Division Before: E Bishop SC, Senior Member Dr J Ironside, Senior Member Dr K Campbell, Senior Member J Sillince, General Member Decision: 1. The Respondent is guilty of unsatisfactory professional conduct as defined in s 139B(1)(b) of the Health Practitioner Regulation National Law (NSW) and professional misconduct as defined in s 139E of the Health Practitioner Regulation National Law (NSW). 2. The matter is to be listed for hearing as to what, if any, protective orders should be made on a date to be fixed having regard to the availability of the parties and their representatives. Catchwords: HEALTH — professional registration and discipline — dental practitioner — possession of cocaine — use of cocaine — breach of conditions of registration — dilute drug urine samples — pattern of behaviour raises concern about compliance with drug testing policy — allegations of unsatisfactory professional conduct — allegations of professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36 Crimes (Sentencing Procedure) Act 1999 (NSW), s 10 Drug Misuse and Trafficking Act 1985 (NSW), ss 10(1), 25(1) Health Practitioner Regulation National Law (NSW), ss 3, 3A, 109, 130, 139B, 139E, 144, 149, 149A, 149B, 149C, 150, 159, 159B, Sch 5D Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Hanna v Dental Council of New South Wales [2022] NSWCATOD 54 Hanna v Dental Council of New South Wales [2023] NSWCATOD 71 Hanna v Dental Council of New South Wales (No 2) [2023] NSWCATOD 146 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 at 638; [1997] NSWCA 264 Health Care Complaints Commission v Perroux [2011] NSWDC 99 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Medical Council of NSW v Lee [2017] NSWCA 282 Nusrat Deano v Health Care Complaints Commission [2012] NSWSC 693 Shuquan Liu v Health Care Complaints Commission [2018] NSWSC 315 Tsolis v Health Care Complaints Commission [2023] NSWSC 1599 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr James Mina Hanna (Respondent) Representation: Counsel: A Petrie (Applicant) M Robinson SC and C Jackson (Respondent)