Health Care Complaints Commission v Baraz [2015] NSWCATOD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Baraz [2015] NSWCATOD 39 Hearing dates: 15, 16 & 17 December 2014 Date of orders: 22 April 2015 Decision date: 27 April 2015 Jurisdiction: Occupational Division Before: G Mullane Hon ADCJ (Presiding Member) Dr V de Carvalho (Professional Member) Dr P Anderson (Professional Member) M Gleeson (General Member) Decision: 1. The respondent is reprimanded;

(2) The respondent's registration is suspended for 3 months from today;

(3) After the expiry of the suspension the Respondent's registration is to be subject to the following conditions: (a) The conditions on his registration as at 17 December 2014; (b) he must attend meetings of Narcotics Anonymous at least monthly and authorise the Council to confirm the fact of attendance with Narcotics Anonymous; and (c) he must attend group therapy relating to addiction weekly and authorise the Council to confirm the fact of attendance with the group therapy provider;

(4) This Tribunal recommends to the Respondent that during the period of the suspension he comply with the conditions imposed by the decision in the proceedings under section 150 of the National Law on 11 June 2013 (including thrice weekly urine drug testing in strict accordance with the Council's protocol).

(5) The Respondent must pay the Applicant's costs of or incidental to these proceedings as agreed or assessed; Catchwords: Capacity of Medical practitioner- impairment - mood disorder and drug addiction, both in remission- not currently detrimentally affecting, or likely to detrimentally affect, capacity to practice. Suspension followed by conditions on registration. Legislation Cited: Health Practitioner Regulation National Law (NSW) No 86a ("the National Law"); Cases Cited: Health Care Complaints Commission –v- Litchfield [1997] 41 NSWLR 630; Prakash –v- Health Care Complaints Commission [2006] NSWCA 153; Lee –v- Health Care Complaints Commission [2012] NSWCA 80; Gayed v Walton [997] NSWSC 279; Health Care Complaints Commission v Howe [2010] NSWMT; NSW Bar Association v Meaks [2006] NSWCA 340; C Skinner v Beaumont (1974) 2 NSWLR 106; Law Society of NSW v Foreman (1994) 34 NSWLR 408; Seville v HCCC [2006] NSWCA 298; Re Dr Parajuli [2010] NSWMT 3; HCCC v Dr Graeme Harris [2008] NSWMT 6; HCCC v King [2013] NSWMT 9; HCCC v McHue (NSW Medical Tribunal. 14 December 2007) and Ex parte Lenehan (1948) 77CLR 403. Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Asaad Baraz (Respondent) Representation: Counsel: A Britt (Applicant) P Dwyer (Respondent)