Re the Medical Practice Act 1992 and Dr. Aftab ASLAM [2004] NSWMT 1

New South Wales Medical Tribunal

CITATION : Re the Medical Practice Act 1992 and Dr. Aftab ASLAM [2004] NSWMT 1 TRIBUNAL: Medical Tribunal PARTIES : FILE NUMBER(S) : 40007 of 2003 CORAM: McGuire,DCJ - Gleeson, Dr M - Smith, Dr D - Badam, Dr A CATCHWORDS: LEGISLATION CITED: Medical Practice Act 1992 (NSW) Richter v Walton (unreported) NSW Court of Appeal; CASES CITED: Rejfek v McElroy (1065) 112 CLR 517; Bannister v Walter (1993) 30 NSWLR 699; Briginshaw v Briginshaw(1938) 60 CLR 336 DATES OF HEARING: DATE OF JUDGMENT: 5 April 2004 ORDERS: The Tribunal orders; (1)That the name of Aftab Aslam be removed from the Register of Medical Practitioners of New South Wales; (2)Pursuant to Section 63(5) of the Act, no application for a review of Order (1) be made until the expiration of 4 years from today; (3)That the practitioner pay the costs of the complainant of and incidental to the hearing of the complaint; (4)Exhibits returned.

JUDGMENT: IN THE MEDICAL TRIBUNAL OF NEW SOUTH WALES THE MEDICAL PRACTICE ACT 1992

DEPUTY CHAIRMAN: HIS HONOUR JUDGE J C McGUIRE MEMBERS: DR M GLEESON PhD DR D SMITH DR A BADAM

No. 40007/03 – DR AFTAB ASLAM REASONS FOR DETERMINATION DATE: 5th April, 2004

Nature of Complaint Pursuant to the Medical Practice Act 1992 (the Act), the Tribunal is enquiring into a complaint of the Health Care Complaints Commission (the Complainant) into professional conduct of Dr Aftab Aslam (the practitioner).

The complaint is that Dr Aftab Aslam (the practitioner), being a medical practitioner registered under the Act has been guilty of unsatisfactory professional conduct and/or professional misconduct within the meaning of Section 36 and Section 37 of the Act in that he: