Health Care Complaints Commission v Amjadi [2024] NSWCATOD 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Amjadi [2024] NSWCATOD 167 Hearing dates: 11 - 15 March 2024 19 - 22 March 2024 Date of orders: 22 October 2024 Decision date: 22 October 2024 Jurisdiction: Occupational Division Before: Hon M Le Poer Trench ADCJ, Principal Member Dr S Cowap, Senior Member Dr J Newton, Senior Member M Christiansen, General Member Decision: (1) The Respondent is guilty of unsatisfactory professional conduct as described in s 149B(1)(a) and s 139B(1)(b) of the National Law. (2) The Respondent is guilty of professional misconduct as described in s 139E of the National Law. (3) The Parties are each to file and serve their further evidence to support their Stage Two cases within 14 days of the date of this judgement, or such later date as the Tribunal may permit. (4) The Stage Two hearing is listed for 12 and 13 November 2024. (5) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the name of any patient referred to in the proceeding is prohibited. Catchwords: OCCUPATION – medical practitioners – specialist plastic surgeon – guilty of unsatisfactory professional conduct – guilty of professional misconduct - s139(a) of the National Law – competency - sufficient knowledge and skill to practice as a specialist plastic surgeon Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law 2009 (NSW) Health Practitioner Regulation (New South Wales) Regulation 2016 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Chief Executive, Queensland Health v Jattan [2010] QSC 92; [2010] QCA 359 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Rejfek v McElroy (1965) 112 CLR 517; [1965] HCA 46 Rich v ASIC (2004) 220 CLR 129; [2004] HCA 42 Sayar v Health Care Complaints Commission [2024] NSWSC 418 Weaver v Law Society of NSW (1979) 142 CLR 201 at 207; [1979] HCA 35 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mahyar Amjadi (Respondent) Representation: Counsel: Mathur R SC (Respondent) Lowson P with Waters M (Applicant)