Health Care Complaints Commission v Saedlounia (No. 2) [2017] NSWCATOD 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Saedlounia (No. 2) [2017] NSWCATOD 77 Hearing dates: 20 April 2017 Date of orders: 18 May 2017 Decision date: 18 May 2017 Jurisdiction: Occupational Division Before: J L O'Meally ADCJ, Principal Member Dr George Abouyani, Professional Member Dr Hadia Haikal-Mukhtar, Professional Member Y Rowling, Lay Member Decision: (1) Pursuant to s 149C(4)(a) of the National Law the Tribunal declares that if the respondent were still registered as a medical practitioner the Tribunal would have cancelled his registration for a period of two years.

(2) Pursuant to s 149C(4)(b) of the National Law the practitioner is disqualified from being registered as a medical practitioner for a period of two years.

(3) Pursuant to s 149C(4)(c) of the National Law the Tribunal requests that the Medical Practitioner Board of Australia record in the National Register kept and maintained on behalf of that Board by the Australian Health Practitioner Regulation Agency the fact that the Tribunal would have cancelled the respondent's registration had he still been registered at the date of this decision.

(4) The respondent will pay the costs of the applicant as agreed or assessed. Catchwords: Unsatisfactory professional conduct – professional misconduct – medical practitioner no longer registered – Tribunal would have cancelled registration for two years if registered – practitioner disqualified from registration for two years Legislation Cited: Health Practitioner Regulation National Law (NSW) 2009 (No. 86a) Civil and Administrative Tribunal Act (NSW) 2013 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Saeid Saedlounia (Respondent) Representation: Counsel: P G Aitken (Applicant) No appearance (Respondent)