Hadi v Medical Board of Australia [2017] NSWCATOD 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hadi v Medical Board of Australia [2017] NSWCATOD 143 Hearing dates: 15 September 2017, 26 September 2017 (submissions) Date of orders: 09 October 2017 Decision date: 09 October 2017 Jurisdiction: Occupational Division Before: F Marks ADCJ, Principal Member Dr M Cox, Professional Member Dr G Abbouyani, Professional Member M Kelly, Community Member Decision: (1) The appeal is upheld.

(2) Proposed condition (6) determined by the respondent as contained in the letter from AHPRA to the appellant dated 24 April 2017 is deleted and is replaced by the following;

6. Not consult, examine, treat or perform any procedures on any female patient aged 16 or older.

(3) Costs are reserved with liberty to apply which should be exercised within one month of this date. Catchwords: Medical practitioner – application for registration –prior misconduct of a sexual nature – registration allowed with modified condition. Legislation Cited: Health Practitioner Regulation National Law (NSW) Category: Principal judgment Parties: Dr Mohammed Hadi (Applicant) Medical Board of Australia (Respondent) Representation: Counsel: K M Richardson SC (Applicant) P Horvath (Respondent)

Solicitors: Meridian Lawyers (Applicant) Medical Board of Australia (Respondent) File Number(s): 2017/00153899 Publication restriction: Non-publication order relating to the name of any patient or former patient of the appellant or any material which might tend to identify such patient.