Health Care Complaints Commission v Toma [2024] NSWCATOD 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Toma [2024] NSWCATOD 76 Hearing dates: 14 – 15 February 2024 Date of orders: 13 June 2024 Decision date: 13 June 2024 Jurisdiction: Occupational Division Before: The Hon T Sheahan ADCJ, Principal Member Dr K Smartt, Senior Member Dr G Yeo, Senior Member R Wellington, General Member Decision: The Tribunal finds the three complaints in this matter proven and refers the proceedings to the Registrar to fix a date and make Directions for a Stage 2 hearing. Catchwords: HEALTH – unsatisfactory professional conduct – professional boundaries – inadequate recordkeeping – stage 1 hearing – professional misconduct as a possible ground for deregistration – non-publication order Legislation Cited: Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (New South Wales) Regulation 2016 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34, 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Hazem Toma (Respondent) Representation: Counsel: S Gaussen (Respondent)

Solicitors: Health Care Complaints Commission (Applicant) Makinson d'Apice Lawyers (Respondent) File Number(s): 2023/00269964 Publication restriction: The name of the patient identified in the material before the Tribunal is supressed.