Health Care Complaints Commission v Dr Hameiri [2011] NSWMT 13

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Hameiri [2011] NSWMT 13 Hearing dates: 4 October 2011 Decision date: 11 November 2011 Before: Kavanagh J; Dr V Sutton; Dr E Kertesz; Ms D Robinson Decision: 1. The practitioner, Dr Daniel Hameiri, is reprimanded in the strongest terms. 2. In relation to the complaint Dr Hameiri shall pay a fine of $25,000. 3. Dr Hameiri is to be subjected to an audit of his medical records by representatives of the Medical Council of NSW within six months of the date of judgment. 4. There shall be a suppression order as to the names of the patients. All documentation tendered before the Tribunal will therefore be suppressed as will relevant paragraphs of the Tribunal's reasoning in this Judgment where such reasoning would reveal a patient's identity. 5. The interim suppression order on Dr Hameiri's name is to be lifted. 6. The respondent shall pay the complainant's costs. Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Insurance Act 1973 (Cth) Medical Practice Act 1992 (NSW) Cases Cited: Bannister v Walton (1993) 30 NSWLR 699 HCCC v Dr Gow (Suppression order) [2008] NSWMT 3 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Saville v Health Care Complaints Commission & Anor [2006] NSWCA 298 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr D Hameiri (Respondent) Representation: G Furness SC (Complainant) P Strickland SC with M Lynch of counsel (Respondent) Health Care Complaints Commission (Complainant) Avant Law Pty Ltd (Respondent) File Number(s): IRC 40040 of 2009