Re Wadie Farid Wadie Baz Haddad [2006] NSWMT 5

New South Wales Medical Tribunal

CITATION : Re Wadie Farid Wadie Baz Haddad [2006] NSWMT 5 TRIBUNAL: Medical Tribunal Health Care Complaints Commission PARTIES : Medical Board of NSW Wadie Farid Wadie Baz Haddad FILE NUMBER(S) : 40027; 40033 of 2005 CORAM: Rein, SC DCJ - Giuffrida, Dr M - Yeo, Dr G - Houen, Ms J CATCHWORDS: Professional misconduct - indecent assaults on patients - improper conduct - breach of Child Protection (Prohibited Employment) Act 1998 - issue of standard of proof - good character Child Protection (Prohibited Employment) Act 1998, s 3 "conviction", s 6(1)(a) LEGISLATION CITED: Crimes Act 1900, ss 61E, 556A Medical Practice Act 1992, ss 36, 37, 39, 64 Bannister v Walton (1993) 30 NSWLR 699; Briginshaw v Briginshaw (1938) 60 CLR 336; McBride v Walton (unreported, NSWCA, 15/7/1994, BC9402907); CASES CITED: Rejfek v McElroy (1965) 112 CLR 517; R v Sandford (1994) 33 NSWLR 172; 72 A Crim R 160; Ex parte Tziniolis [1967] 1 NSWR 357; Ziems v Prothonotary of the Supreme Court of NSW (1957) 97 CLR 279 DATES OF HEARING: 8-9 May 2006 DATE OF JUDGMENT: 1 June 2006 LEGAL REPRESENTATIVES: Mr P J Saidi of counsel (HCCC and Medical Board) No appearance (Mr Haddad) ORDERS: 1. The Tribunal finds that: (a) the complaint that Mr Haddad engaged in improper conduct relating to the practise of medicine is established; (b) the complaint that Mr Haddad has been convicted of the offence of applying whilst a prohibited person for child-related employment in breach of s 6(1)(a) of the Child Protection (Prohibited Employment) Act 1998 is established; (c) the complaint that he is not of good character is established; 2. The Tribunal finds the practitioner guilty of professional misconduct; 3. The Tribunal orders: (a) that Mr Haddad not be permitted to apply to be re-registered for a period of five (5) years; (b) that Mr Haddad pay the costs of the hearing before the Tribunal; 4. The Tribunal publishes its reasons.