Health Care Complaints Commission v Malak [2024] NSWCATOD 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Malak [2024] NSWCATOD 43 Hearing dates: 04 March 2024 Date of orders: 04 March 2024 Decision date: 11 April 2024 Jurisdiction: Occupational Division Before: Coleman SC ADCJ, Principal Member Dr J Aitken, Senior Member Dr C Newberry, Senior member J Houen, General Member Decision: (1) The respondent is guilty of professional misconduct. (2) Order pursuant to s149C(i)(a) or the National Law that if the respondent were still registered the Tribunal would have cancelled his registration pursuant to s149C(i)(b) and/or s149C(i)(c) of the National Law. (3) Order pursuant to s149C(4)(b) of the National Law that the respondent is disqualified from being registered in the medical profession for 5 years. (4) Order pursuant to s149C(4)(c) of the National Law that the National Board is required to record the fact that if the respondent were still registered the Tribunal would have cancelled his registration in the National Register kept by Board. (5) A prohibition order prohibiting the respondent from providing a health service as defined in s4 of the Health Care Complaints Act 1993 for a period of 5 years. (6) Order that the respondent pay the applicants costs of and incidental to these proceedings on a party by party basis as agreed or accessed. (7) The Tribunal notes that contravention of a prohibition order may constitute a criminal offence pursuant to s102(3) of the Public Health Act 2010. (8) The Tribunal will publish its reasons for these orders as expediently as it reasonably can. Catchwords: HEALTH — professional registration and discipline — where medical practitioner convicted of criminal offence — whether practitioner otherwise guilty of unsatisfactory professional conduct and/or professional misconduct — whether practitioner no longer registered should be disqualified from being registered — whether practitioner should be disqualified from providing health services during disqualification period — whether practitioner should pay Commission's costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Health Practitioner Regulation National Law 2009 (NSW) Public Health Act 2020 (NSW) Cases Cited: Attia v Health Care Complaints Commission [2017] NSWSC 1066 Chatoor v Health Care Complaints Commission [2020] NSWCA 111 Chen v Health Care Complaints Commission [2017] NSWCA 186 Dasreef Pty Limited v Hawchar [2011] HCA 21; (2011) 243 CLR 588 Ex parte Tziniolis; Re Medical Practitioners Act (1966) 6 SR(NSW) 448 Ghosh v Health Care Complaints Commission [2022] NSWCA 229 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Balafas (No 4) [2021] NSWCATOD 209 Health Care Complaints Commission v Bautista [2023] NSWCATOD 65 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Elshaimy [2019] NSWCATOD 17 Health Care Complaints Commission v FLJ [2023] NSWCATOD 7 Health Care Complaints Commission v Goyer [2019] NSWCATOD 121 Health Care Complaints Commission v Grygiel (Stay Application) [2019] NSWCATOD 123 Health Care Complaints Commission v Jahoveri [2022] NSWCATOD 162 Health Care Complaints Commission v Jamnagarwalla [2022] NSWCATOD 61 Health Care Complaints Commission v Karunatne (No 3) [2018] NSWCATOD 201 Health Care Complaints Commission v King [2013] NSWMT 9 Health Care Complaints Commission v Konigson [2021] NSWCATOD 186 Health Care Complaints Commission v Limboro [2018] NSWCATOD 117 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Litchfield [2022] NSWCATOD 97 Health Care Complaints Commission v Liu [2016] NSWCTAOD 133 Health Care Complaints Commission v McNab [2023] NSWCATOD 41 Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 39 Health Care Complaints Commission v Muthukrishna [2023] NSWCATOD 110 Health Care Complaints Commission v Neale [2023] NSWCATOD 37 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Oladiran [2020] NSWCATOD 56 Health Care Complaints Commission v Petros [2019] NSWCATOD 83 Health Care Complaints Commission v Reid [2018] NSWCATOD 162 Health Care Complaints Commission v Robinson (No 2) [2022] NSWCATOD 151 Health Care Complaints Commission v Shrimpton (No 2) [2019] NSWCATOD 48 Health Care Complaints Commission v Turner [2016] NSWCATOD 163 Health Care Complaints Commission v Wood [2020] NSWCATOD 60 Health Care Complaints Commission v Yildirim [2021] NSWCATOD 146 Kalil v Bray (1977) 1 NSWLR 256 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Re Dr Parajidi [2010] NSWMT 3 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Saville v Health Care Complaints Commission [2006] NSWCA 298 Sudath v Health Care Complaints Commission [2012] NSWCA 171 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Fady Raafat Lewis Malak (Respondent) (no appearance) Representation: Solicitors: E Bayley (Health Care Complaints Commission) (Applicant) HWL Ebsworth (Respondent) File Number(s): 2023/00235295 Publication restriction: Nil