Health Care Complaints Commission v Sharah [2015] NSWCATOD 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sharah [2015] NSWCATOD 99 Hearing dates: 16 & 17 February 2015 Decision date: 23 September 2015 Jurisdiction: Occupational Division Before: K P O'Connor ADCJ, AM, Deputy President Prof K Wilhelm Professional Member Dr G Dore Professional Member A Glass Lay Member Decision: (1) The respondent is disqualified from being registered as a medical practitioner pursuant to s 149C (4) of the National Law. (2) The respondent cannot re-apply for registration for at least a two year period from the date of the Tribunal's decision. (3) The respondent is to pay the applicant's costs. Catchwords: PROFESSIONAL DISCIPLINE – Medical Profession – Retired Practitioner – Surrendered registration – refusal of application not to hold inquiry – consideration of complaints – findings of professional misconduct, impairment and incompetence – application for prohibition order relating to future paid or voluntary activities – refused. Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Eades v Director of Public Prosecutions (NSW) [2010] NSWCA 241 Grant v HCCC [2003] NSWCA 73 HCCC v Campbell [2014] NSWCATOD 107 HCCC v Dr Gow [2008] NSWMT 2 HCCC v Harley [2014] NSWCATOD 110. HCCC v Khan [2014] NSWCATOD 83; HCCC v Manners [2014] NSWCATOD 156; HCCC v Street [2014] NSWCATOD 124 HCCC v Taylor [2010] NSWMT 10 Lindsay v HCCC [2010] NSWCA 194 Tung v HCCC [2011] NSWCA 219 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Alexander Anthony Sharah (Respondent) Representation: Counsel: P Griffin (Applicant) J Sandford (Respondent)