Health Care Complaints Commission v Hasil (No 2) [2012] NSWMT 21

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hasil (No 2) [2012] NSWMT 21 Hearing dates: 17 October 2012 Decision date: 07 November 2012 Before: Staff J; Dr Laurence Boshell; Dr Susan Messner; Dr Maureen Gleeson, PhD Decision: 1. Pursuant to s 149C(4) of the Health Practitioner Regulation National Law, if Mr Hasil were still registered as a medical practitioner, the Tribunal would have cancelled his registration. 2. Any application by Mr Hasil for re-registration as a medical practitioner must be supported by a current neuropsychological assessment that confirms the nature of Mr Hasil's impairment is such that he can resume work as a medical practitioner with appropriate conditions. 3. The appropriate review body in respect of Order 2 is the Medical Council of New South Wales. 4. Mr Hasil is reprimanded in respect of the matters admitted and proven in Complaint one. 5. Mr Hasil is to pay 70 per cent of the costs incurred by the Health Care Complaints Commission as agreed or, as assessed. Catchwords: Medical Practitioner - finding of impairment - consideration of consequential or protective orders - finding that registration would have been cancelled if practitioner still registered - conditions imposed for review by Medical Council of New South Wales Legislation Cited: Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (now repealed) Medical Practice Regulation Cases Cited: Health Care Complaints Commission v Hasil [2012] NSWMT 1 King v Health Care Complaints Commission [2011] NSWCA 353 Category: Procedural and other rulings Parties: Health Care Complaints Commission (Complainant) Mr Roman Hasil in person (Respondent) Representation: Counsel: Ms S McNaughton SC (Complainant) Solicitors: Health Care Complaints Commission (Complainant) File Number(s): 40029 of 2010