Rahman v Medical Council of New South Wales [2024] NSWCATOD 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rahman v Medical Council of New South Wales [2024] NSWCATOD 145 Hearing dates: 15, 16 and 17 April 2024 Date of orders: 13 September 2024 Decision date: 13 September 2024 Jurisdiction: Occupational Division Before: Acting Judge Levy SC, Principal Member Dr H Chriss, Senior Member Dr L Taoube, Senior Member M Christensen, General Member Decision: (1) Pursuant to s 163(1)(c) of the Health Practitioner Regulation National Law (NSW) 2009, the applicant, Bassel Abdul Rahman, may apply to the Medical Board of Australia for registration to reinstate him to the register of medical practitioners subject to the practice and health conditions listed in the Appendix to these reasons. (2) The Medical Council of NSW is the appropriate review body for the purposes of Part 8, Division 8 of the Health Practitioner Regulation National Law (NSW) 2009. (3) Pursuant to clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW) 2009, the applicant is to pay the respondent's costs of these proceedings on the ordinary basis as agreed or assessed. Catchwords: OCCUPATIONS – registration of medical practitioners – reinstatement application by deregistered former general practitioner - review of previous findings of unsatisfactory professional conduct and professional misconduct – order for reinstatement subject to conditions for protection of the health and safety of the public Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64(1) Health Practitioner Regulation National Law (NSW), s 3, s 3A, s 3B, s 139B, s 139E, s 149C, s 149E, s 163A, s 163B, s 163C Cases Cited: Ameisen v Medical Council of NSW [2015] NSWCATOD 49 Coe v Health Care Complaints Commission [2013] NSWMT 12 Danaei v Medical Council of New South Wales [2024] NSWCATOD 116 Davie v The Lord Provost, Magistrates and Councillors of the City of Edinburgh (1953) SC 34 Dawson v Law Society of NSW [1989] NSWCA 58 Evatt v New South Wales Bar Association (NSW Court of Appeal unreported, 12 April 1972) Evatt v New South Wales Bar Association (NSW Court of Appeal unreported, 15 December 1981) Ex Parte Lenehan (1948) 77 CLR 403, 422; [1948] HCA 5 Haber v Health Care Complaint Commission [2018] NSWCATOD 16 Haber v Health Care Complaints Commission [2018] NSWCA 146 Health Care Complaints Commission v Rahman [2021] NSWCATOD 25 Health Care Complaints Commission v Rahman (No 2) [2021] NSWCATOD 65 Health Care Complaints Commission v Rahman [2022] NSWCATOD 98 Health Care Complaints Commission v Rahman (No 2) [2023] NSWCATOD 68 Jan v Health Care Complaints Commission [2021] NSWSC 350 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Ng v Health Care Complaints Commission [2018] NSWCATOD 6 Qasim v Medical Council of New South Wales [2021] NSWCA 173 Re Mansoor Haider Zaidi [2006] NSWMT 6 NSWCATOD 38 South Eastern Sydney Area Health Service v Edmonds [2007] NSWCA 16 Zepinic v Health Care Complaints Commission (No 2) [2018] NSWCATOD 92 Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Texts Cited: E Brooks, M H Gendel, S R Early, D C Gundersen & J H Shore, "Physician Boundary Violations in a Physician's Health Program: A 19-Year Review" (2012) J Am Acad Psychiatry Law 40(1) Good Medial Practice: A Code of Conduct for Doctors in Australia Category: Principal judgment Parties: Bassel Abdul Rahman (Applicant) Medical Council of NSW (Respondent) Representation: Counsel: Dr P Dwyer SC (Applicant) Mr A Stafford (Respondent)