Health Care Complaints Commission v Rahman [2013] NSWMT 6

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Rahman [2013] NSWMT 6 Hearing dates: 22/04/2013 Decision date: 22 April 2013 Jurisdiction: Civil Before: Elkaim SC DCJ Dr E Kok Dr M Giuffrida Ms C Berglund (PhD) Decision: See paragraph 43 Catchwords: Serious criminal conduct, deregistration Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Health Practitioner Regulation National Law (NSW) (No 86a) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 General Medical Council v Spackman [1943] AC 627 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mr Mohammed Mofizur Rahman (Respondent) Representation: P Dwyer (Applicant) In Person (Respondent) Health Care Complaints Commission (Applicant) In Person (Respondent) File Number(s): 40024/12 Publication restriction: Suppression order in relation to the identification of the patients

EX TEMPORE JUDGMENT 1DEPUTY CHAIRPERSON: The proceedings before the Tribunal are brought by the Health Care Complaints Commission ("the HCCC"). The HCCC seeks resolution of four complaints. 2The respondent has consented to the Tribunal dealing with both the establishment of the complaints and, if proved, the imposition of protective orders. 3The Tribunal is acutely aware of the seriousness of the allegations put by the HCCC and the long-reaching effect of the orders open to it. Accordingly it has approached the evidence on the basis of the standard of proof in Briginshaw v Briginshaw (1938) 60 CLR 336.