Hossain v Medical Council of New South Wales [2024] NSWCATOD 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hossain v Medical Council of New South Wales [2024] NSWCATOD 29 Hearing dates: 14 – 15 November 2023 Date of orders: 14 March 2024 Decision date: 14 March 2024 Jurisdiction: Occupational Division Before: The Hon T Sheahan ADCJ, Principal Member Dr E Summers, Senior Member Dr D King, Senior Member R Wellington, General Member Decision: 1. The names of all patients identified in the material before the Tribunal are supressed. 2. The reinstatement application lodged by Anwar Hossain on 31 May 2023 is dismissed. 3. Anwar Hossain is precluded, for a period of twelve months from the date of these orders, from making any further application for reinstatement of his registration. 4. Anwar Hossain is ordered to pay the costs of the Medical Council of New South Wales in respect of his reinstatement application, and these proceedings, unless he applies to the Tribunal within 28 days for a different order as to the Council's costs. Catchwords: HEALTH — non-publication order — application for reinstatement of a general practitioner after deregistration for professional misconduct — refused — impairment — costs Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Ameisen v Medical Council of New South Wales [2015] NSWCATOD 49 Bahramy v Medical Council of New South Wales [2014] NSWCATOD 116 Bahramy v Medical Council of New South Wales [2017] NSWCATOD 146 Briginshaw v Briginshaw (1938) 60 CLR 336 Fryar v Health Care Complaints Commission [2015] NSWCATOD 117 Health Care Complaints Commission v Hossain [2022] NSWCATOD 31 Qasim v Medical Council of New South Wales [2021] NSWCA 173 Vo v Medical Council of NSW [2018] NSWCATOD 18 Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Texts Cited: Nil Category: Principal judgment Parties: Anwar Hossain (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: K Hooper (Respondent)