Health Care Complaints Commission v Azizi [2016] NSWCATOD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Azizi [2016] NSWCATOD 94 Hearing dates: 7, 8 and 9 March 2016 Date of orders: 20 July 2016 Decision date: 20 July 2016 Jurisdiction: Occupational Division Before: Mullane ADCJ, Principal Member Dr M Diamond, Professional Member Dr S Gani, Professional Member Dr C Berglund, General Member Decision: (1) The registration of the respondent as a medical practitioner is cancelled pursuant to the provisions of section 149C of the National Law; (2) Pursuant to section 149C(7) of the National Law a period of 3 years is fixed before the respondent may apply for a review; and (3) The respondent must pay the costs of the applicant of or incidental to these proceedings as agreed or as assessed under the legal costs legislation. Catchwords: Medical practitioner professional misconduct, forged prescriptions for drug of addiction, false representations to pharmacists, not using for health purposes, self administering drug of addiction on some days before work, misleading Medical Council and HCCC during investigations. Legislation Cited: Health Practitioner Regulation National Law (NSW) (2009); Poisons and Therapeutic Goods Act 1966; Poisons and Therapeutic Goods Regulation 2008; Drug Misuse and Trafficking Act 1985 (NSW); 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; NSW Bar Association v Meaks [2006] NSWCA 340; 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; Ex parte Lenehan (1948) 77 CLR 403; HCCC v Dinnaker [209] NSWMT 8; Ohn v Walton (1995) 36 NSWLR 77 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Nima Azizi (Respondent) Representation: Counsel: R Mathur (Applicant)