Health Care Complaints Commission v Sultan [2017] NSWCATOD 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sultan [2017] NSWCATOD 47 Hearing dates: 26 September 2016, 27 September 2016, 1 November 2016, 27 February 2017, 28 February 2017 & 1 March 2017 Date of orders: 30 March 2017 Decision date: 30 March 2017 Jurisdiction: Occupational Division Before: Acting Judge J L O'Meally, Principal Member Dr G Abouyani, Medical Member Dr A Reid, Medical Member M Kelly, Community Member Decision: Unsatisfactory professional conduct found Professional misconduct not found Catchwords: Medical practitioner – Unsatisfactory professional conduct – Professional misconduct – Conducting examinations on a social visit following surgery – Practitioner not a member of surgical team – Sexual arousal – Removal of cannula – Failure to make notes Legislation Cited: Health Practitioner Regulation National Law (NSW) 2009 (No. 86a) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation (NSW) Regulation 2010 (Repealed) Crimes Act (NSW) 1900 Cases Cited: Jones v Dunkel (1959) 101 CLR 298 Briginshaw v Briginshaw (1938) 60 CLR 336 Texts Cited: Mosby's Guide to Physical Examination (7th Ed.) Talley and O'Connor, Clinical Examination (4th Ed.) 2001 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Ammer Sultan (Respondent) Representation: Counsel: Ms Lowson (Applicant) Mr Lynch (Respondent)