Health Care Complaints Commission v Shinwari [2015] NSWCATOD 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Shinwari [2015] NSWCATOD 59 Hearing dates: 23,24,25 February 20152,3,4,5,6 March 201515 June 2015 Decision date: 15 June 2015 Jurisdiction: Occupational Division Before: F Marks ADCJ Dr M Cox, Professional member Dr L Cotterell, Professional member C Berglund, Lay member Decision: Respondent found guilty of professional misconduct. Interim orders imposing practice conditions, Proceedings stood over for stage 2 hearing on 17 and 18 September, 2015. Catchwords: Medical practitioner engaged in rapid opioid detoxification treatment-held inter alia multiple failures to safely practise in a specialised area of medicine-constituting in the aggregate professional misconduct. Legislation Cited: Health Practitioner Regulation National Law Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Mohammed Rahman Shinwari (Respondent) Representation: Counsel P Griffin (Complainant) J Morris SC, and G Babe (Respondent)

Solicitors HCCC (Complainant) Norton Rose Fulbright (Respondent) File Number(s): 1420073,1420112

reasons for decision

Introduction 1. The Complainant, the Health Care Complaints Commission (HCCC) has instituted proceedings against the Respondent, Dr Mohammad Shinwari under the Health Practitioner Regulation National Law (NSW) ("the National Law"), which are constituted by two Notices of Complaint. The proceedings with respect to each Notice of Complaint were heard concurrently, and such evidence as was relevant to the one became evidence in the other. Each of the Notices of Complaint alleges that the respondent was guilty of unsatisfactory professional conduct and, in addition, professional misconduct.