Health Care Complaints Commission v Saedlounia [2017] NSWCATOD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Saedlounia [2017] NSWCATOD 5 Hearing dates: 27 October 2016, 16 November 2016 Date of orders: 11 January 2017 Decision date: 11 January 2017 Jurisdiction: Occupational Division Before: O'Meally ADCJ, Principal Member Dr G Abouyani, Professional Member Dr H Haikal-Mukhtar, Professional Member Dr Y Rowling, General Member Decision: (1) We make a finding of unsatisfactory professional conduct against the respondent in respect of Patient A and Patient B. (2) We make a finding of professional misconduct against the respondent in respect of Patient A. (3) We will hear submissions on the appropriate orders sought, on a date to be fixed. Catchwords: Unsatisfactory professional conduct – professional misconduct – inappropriate touching – failure to keep proper records – breach of patient confidentiality– inappropriate conversations Legislation Cited: Health Practitioner Regulation National Law (NSW) 2009 (No. 86a) Civil and Administrative Tribunal Act (NSW) 2013 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Saeid Saedlounia (Respondent) Representation: Counsel: P G Aitken (Applicant) Solicitors: Health Care Complaints Commission (Applicant) File Number(s): 1520258 and 1620148 Publication restriction: Pursuant to Schedule 5D clause 7 of the Health Practitioner Regulation National Law (NSW), publication or disclosure of the name, address or any evidence or information which might tend to or lead to the identification of the names of patients identified in these proceedings is prohibited.