Health Care Complaints Commission v Qasim [2014] NSWCATOD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Qasim [2014] NSWCATOD 42 Hearing dates: 17 March 2014 to 28 March 2014 Decision date: 02 May 2014 Jurisdiction: Occupational Division Before: Acting Judge AF Garling, Principal member Dr. M. Gleeson, Medical member Dr. P. Anderson, Medical member Professor D. Chisholm, Lay member Decision: 1.That Dr. Qasim's health practitioner's registration be cancelled as of today. 2.That Dr. Qasim is not permitted to make an application for re-registration or review for a period of four years from today. Catchwords: Professional misconduct, physical and/or mental impairment, condition or disorder, not competent to practise the profession of specialist endocrinologist Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw 1938 60 CLR Tung v Health Care Complaints Commission 2011 NSWCA Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr. Shaheen Qasim (Respondent) Representation: Health Care Complaints Commission K. Richardson (Applicant) Dr. S Qasim (Respondent in person) File Number(s): 1420034 Publication restriction: Suppression order in respect of patients named

reasons for decision 1The Medical Council of New South Wales referred this complaint to the Medical Tribunal of New South Wales. The complaint was, in summary, as follows: Complaint 1 That Dr. Qasim is guilty of unsatisfactory professional conduct under Section 139B of the National Law in that the practitioner has engaged in conduct that demonstrates that the knowledge or judgment possessed or care exercised by the practitioner in the practice of medicine is significantly below the standard reasonably expected of a practitioner of an equivalent level of training or experience. Particulars are then supplied. Complaint 2 Dr. Qasim is guilty of unsatisfactory professional conduct under Section 139B of the National Law in that the practitioner has: engaged in conduct that demonstrates that the judgment possessed or care exercised by the practitioner in the practice of medicine is significantly below the standard reasonably expected of a practitioner of an equivalent level of training or experience. engaged in improper or unethical conduct relating to the practice or purported practice of medicine. Again, particulars are supplied. Complaint 3 Dr. Qasim is guilty of professional misconduct under Section 139E of the National Law in that the practitioner has: engaged in unsatisfactory professional conduct of a sufficiently serious nature to justify suspension, cancellation of the practitioner's registration, or engaged in more than one instance in unsatisfactory professional conduct that when the instances are considered together they amount to conduct of a sufficiently serious nature to justify suspension or cancellation of the practitioner's registration. Particulars are supplied. Complaint 4 Dr. Qasim suffers from an impairment. The impairment alleged is the practitioner has a physical and/or mental impairment, condition or disorder namely a paranoid or delusional disorder which is of sufficient nature and degree to impair the practitioner's mental capacity to practise the profession. Complaint 5 Dr. Qasim is not competent to practise the profession under Section 139 of the National Law as the practitioner does not have sufficient mental capacity, knowledge and skill to practise the profession. Particulars are supplied. 2Health Practitioner Regulation National Law ("the National Law") provides: "139 Competence to practise health profession [NSW] A person is "competent" to practise a health profession only if the person- (a) has sufficient physical capacity, mental capacity, knowledge and skill to practise the profession; and has sufficient communication skills for the practice of the profession, including an adequate command of the English language. 139B Meaning of "unsatisfactory professional conduct" of registered health practitioner generally [NSW] (1) "Unsatisfactory professional conduct" of a registered health practitioner includes each of the following- (a) Conduct significantly below reasonable standard Conduct that demonstrates the knowledge, skill or judgment possessed, or care exercised, by the practitioner in the practice of the practitioner's profession is significantly below the standard reasonably expected of a practitioner of an equivalent level of training or experience. 139E Meaning of "professional misconduct" [NSW] For the purposes of this Law, "professional misconduct" of a registered health practitioner means- (a) unsatisfactory professional conduct of a sufficiently serious nature to justify suspension or cancellation of the practitioner's registration; or (b) more than one instance of unsatisfactory professional conduct that, when the instances are considered together, amount to conduct of a sufficiently serious nature to justify suspension or cancellation of the practitioner's registration."