Re the Medical Practice Act 1992 and Dr. Ghalib Mohammad Talib HAMAD [2004] NSWMT 4

New South Wales Medical Tribunal

CITATION : Re the Medical Practice Act 1992 and Dr. Ghalib Mohammad Talib HAMAD [2004] NSWMT 4 TRIBUNAL: Medical Tribunal PARTIES : FILE NUMBER(S) : 40006 of 2002 CORAM: Walmsley, SC DCJ - Child, Dr D - Kendrick, Dr J - Collier Ms A CATCHWORDS: Professional Misconduct Medical Practice Act 1992 (NSW) LEGISLATION CITED: Poisons and Therapeutic Goods Act 1966 Suitors Fund Act 1951 Wentworth v Rogers and Another (No 3) (1986) 6 NSWLR 642 ; Donelian v Donelian [2002] NSWSC 696; King v Tait (1952) 52 SR(NSW) 137 ; Thomson v Repatriation Commission [1999] FCA 1485 ; CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336; HCCC v Litchfield (1997) 41 NSWLR 630; Sabag v HCCC [2001] NSWCA 411; Pillai v Messiter (No 2) (1989) 16 NSWLR 197; Spicer v NSW Medical Board & Ors (Court of Appeal 19 February 1981) DATES OF HEARING: DATE OF JUDGMENT: 11 October 2004 ORDERS: 1. The Tribunal finds particulars 1,2,3,4 and 5 are proved. ; 2. The Tribunal finds that the practitioner's particularised conduct proved amounted to professional misconduct.; 3. The Tribunal reprimands Dr Hamad.; 4. The Tribunal orders pursuant to s 61(1)(d) of the Act that Dr Hamad at his own cost successfully complete a course operated by the Pharmaceutical Services Branch of the NSW Department of Health entitled "The Assessment for Competency of Schedule 8 Prescribing", within 6 months of the making of these orders.; 5. Dr Hamad is to advise the Medical Board of his successful completion of the said course within 2 months of completion.; 6. Pursuant to s 61 (1)(c) of the Act Dr Hamad's registration is subject to the following conditions:; (a) Within 6 months of the date when, pursuant to 5 above, Dr Hamad advises the Medical Board he has successfully completed the said course, he shall submit to an audit conducted by the Medical Board. The Tribunal recommends that the audit have particular reference to Dr Hamad's prescribing, administering and recording, of drugs of addiction.; (b) The Tribunal recommends that those conducting the audit include an officer of the Pharmaceutical Services Branch of the NSW Department of Health.; (c) The Medical Board may relieve Dr Hamad from compliance with such parts of these conditions as it considers appropriate. ; 7. Dr Hamad is to pay the Commission's costs of 4, 5 and 6 November 2002. Otherwise the Tribunal makes no order as to costs.