Health Care Complaints Commission v Athour [2016] NSWCATOD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Athour [2016] NSWCATOD 5 Hearing dates: 7, 8, 9 December 2015 Date of orders: 14 January 2016 Decision date: 14 January 2016 Jurisdiction: Occupational Division Before: Acting Judge J O'Meally - Principal Member Dr M Diamond - Medical Member Dr R Chapman-Konarska,- Medical Member Prof.P Macneill, -Community Member Decision: 1. The practitioner's registration is cancelled. 2. The practitioner may not reapply for registration for a period of three years from the date of this decision. 3. The practitioner will pay the applicant's costs save for counsel's appearance fee and the solicitor's attendance fee one half day on 7 December 2015. Catchwords: Medical practitioner – professional misconduct – unsatisfactory professional conduct – sexual relationship with patient – wrongful administration of drugs to patient Legislation Cited: Health Care Complaints Act 1993 Poisons and Therapeutic Goods Act 1996 Health Practitioner Regulation National Law (NSW) 2009 Medical Practice Regulation 1998 (repealed) Medical Practice Regulation 2003 (repealed) Medical Practice Regulation 2008 (repealed) Health Practitioner Regulation (New South Wales) Regulation 2010 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Ex Parte Lenehan (1948) 77 CLR 403 HCCC v Abou Hatoum & Anor [2004] NSWCA 30 HCCC v Do [2014] NSWCA 307 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Zeitoun Athour (Respondent) Representation: Counsel: Ms H Bennet (Applicant) Mr M Lynch (Respondent)