Health Care Complaints Commission v Khan [2014] NSWCATOD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Khan [2014] NSWCATOD 83 Hearing dates: 27 June 2014 and written submissions filed 7 July 2014 Decision date: 22 July 2014 Jurisdiction: Occupational Division Before: Boland AM ADCJ Decision: 1. The Tribunal consents to the inquiry into the Complaint referred to the Tribunal on 4 April 2014 being withdrawn. 2. The application filed on 4 April 2014 is dismissed. 3. No order as to costs Catchwords: COMPLAINT - Where complaint asserts unsatisfactory professional conduct and professional misconduct - where Health Care Complaints Commission seek to withdraw the complaint. Whether it is not in the public interest for inquiry to be heard. Whether single member of Tribunal has jurisdiction to dismiss the complaint Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner (Regulation) National Law No. 86a (NSW) Cases Cited: Health Care Complaints Commission v Ha [2012] NSWPYT 2 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Masood Khan (Respondent) Representation: Health Care Complaints Commission(Applicant) File Number(s): 1420155 Publication restriction: Non-publication order applies in respect of patients named in the complaint

reasons for decision

What the Tribunal decided 1On 22 July 2014 the Tribunal made an order permitting the Health Care Complaints Commission ("the HCCC") to withdraw the Complaint against Dr Masood Khan ("the practitioner") under the provisions of the Health Practitioner (Regulation) National Law (the National Law). 2The Tribunal dismissed the application filed by the HCCC on 4 April 2014. 3The Tribunal had earlier, on 16 May 2014, made a non publication order in respect of the patients named in the schedule to the Complaint. 4No order was made as to costs. 5These are the Tribunal's reasons for the orders made.