Health Care Complaints Commission v Dr Safi (No2) [2017] NSWCATOD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Safi (No2) [2017] NSWCATOD 69 Hearing dates: 6,7,8,9 and 10 February 2017, 6 and 7 April 2017 Date of orders: 09 May 2017 Decision date: 09 May 2017 Jurisdiction: Occupational Division Before: F Marks ADCJ Presiding Member Assoc Professor Dr H Haikal-Mukhtar Professional Member Dr G Yeo Professional Member M Kelly Community Member Decision: The respondent is found guilty of the conduct set out in Complaint Two Particulars 1 (a) and (b), 2 and 3 (a), (b) and (c). The respondent is found guilty of professional misconduct set out in Complaint Four in that he has engaged in unsatisfactory professional conduct of a sufficiently serious nature to justify suspension or cancellation of his registration Otherwise Complaints and Particulars not made out. The proceedings are stood over for stage 2 hearing and application for interim orders at 10 AM on 20 June 2017. Catchwords: Medical practitioner-internal vaginal examination-held carried out in part constituting misconduct of a sexual nature-finding of professional misconduct-stood over for stage 2 hearing to determine protective orders Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1983) 60 CLR 336 HCCC v Do [2014] NSWCA 307 HCCC v Litchfield (1997) 41 NSWLR 630 Texts Cited: "Recommendations from the Scientific Study of Human Memory." British Psychological Society June 2008 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Mohamed Payenda Zhouand Safi (Respondent) Representation: Counsel: R Mathur (Complainant) P Strickland SC (Respondent