Health Care Complaints Commission v Khan [2016] NSWCATOD 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Khan [2016] NSWCATOD 32 Hearing dates: 30 November 2015 and written submissions received 1 December 2015. Date of orders: 23 March 2016 Decision date: 23 March 2016 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr S Mares, Professional Member Dr L King, Professional Member Y Rowling, General Member Decision: (1) ORDER the registration of Dr Hamid Khan (the practitioner) recorded on the register of medical practitioners maintained by the Australian Health Practitioner Regulation Agency is cancelled.

(2) The Registrar is requested to notify the Medical Council of NSW of Order 1 of these orders as soon as practicable.

(3) ORDER the medical practitioner pay the costs of and incidental of the proceedings of the Health Care Complaints Commission as agreed and failing agreement liberty to apply to the Tribunal.

(4) The Registrar is requested to forward a copy of these reasons to the parents of the child referred to in the Schedule to the complaint as Patient A. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal Act 2013 NSW – Professional disciplinary proceedings brought by HCCC against practitioner. Where two complaints heard together. Where it is asserted that the practitioner engaged in conduct that demonstrates his practice of medicine was significantly below the standard reasonably expected of a practitioner of an equivalent level of training or expertise. Where it is asserted practitioner's medical records in respect of an 8 year old child were inadequate. Where separate complaint asserts practitioner inappropriately prescribed medications for himself, and failed to maintain adequate records in respect of his self-prescribing. Where it is also asserted practitioner suffers impairment and further asserted he is not competent to practise. Where practitioner withdraws material filed and does not seek to defend complaints. Where all complaints are found proven. Legislation Cited: Civil and Administration Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (Review) Bill 2016 Health Practitioner Regulation National Law (the National Law) Health Practitioner Regulations (New South Wales) Regulation 2010 Legal Profession Uniform Law (NSW) (the Uniform Law) Legal Profession Uniform Law Application Act 2014 (NSW) Medical Practice Regulation 2008 (NSW) (now repealed) Cases Cited: Briginshaw v Briginshaw (1938) CLR 366 Clyne v NSW Bar Association [1960] HCA 40 (1960) 140 CLR 186 Dasreef Pty Ltd v Hawchar [2011] HCA 21 Health Care Complaints Commission v Do [2014] NSWCA 307 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA66 (1992) 67 ALJR 170 Texts Cited: NSW Civil and Administrative Tribunal Annual Report 2014 - 2015 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Hamid Khan (Respondent) Representation: Counsel: P Griffin SC (Applicant) S Barnes (Respondent)