Health Care Complaints Commission v Behi [2025] NSWCATOD 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Behi [2025] NSWCATOD 18 Hearing dates: 7 February 2025 Date of orders: 27 February 2025 Decision date: 27 February 2025 Jurisdiction: Occupational Division Before: The Hon G Watts ADCJ, Principal Member Dr A Ware, Senior Member Dr S McKelvey, Senior Member Ms J Barker, General Member Decision: 1. The registration of Dr Riaz Behi be cancelled, pursuant to s 149C(1)(c) of the Health Practitioners Regulation National Law (NSW) (the National Law) with a 5 year non-review period from the date of this order. 2. The Respondent pay the Applicant's costs under clause 13 of schedule 5D of the National Law as agreed or assessed. 3. Under clause 7 of schedule 5D of the National Law, the name and address of the victim of the Practitioner's criminal offences, referred to in these reasons as Patient A, not be disclosed. 4. Under clause 7 of schedule 5D of the National Law, the name and address of the Practitioner's wife not be disclosed. Catchwords: PROFESSIONAL DISCIPLINE – Chiropractor – Where the practitioner has been convicted of serious criminal offences perpetrated during consultations with a patient and is currently imprisoned for those offences – Where the registration of the practitioner is cancelled with a non-review period of five years – Whether the non-review period should date from the suspension of the practitioner's registration – Whether the practitioner failed to give written notice of the criminal charges pursuant to section 130 of the National Law – discussion as to the appropriate entity to which that notice needed to be given. Legislation Cited: Crimes Act 1900 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation National Law Regulation 2018 (NSW) Cases Cited: Behi v R [2024] NSWCCA 89 Briginshaw & Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Health Care Complaints Commission v Hachem [2022] NSWCATOD 169 Health Care Complaints Commission v Karunaratne (No 2) [2018] NSWCATOD 201 Health Care Complaints Commission v Limboro [2018] NSWCATOD 117 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Karimi v Medical Council of New South Wales [2017] NSWCATOD 180 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Riaz Behi (Respondent) Representation: Counsel: K Sharma (Applicant)