Health Care Complaints Commission v Noore [2017] NSWCATOD 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Noore [2017] NSWCATOD 145 Hearing dates: 27-29 September 2017 Date of orders: 19 October 2017 Decision date: 19 October 2017 Jurisdiction: Occupational Division Before: D A Cowdroy ADCJ OAM QC, Principal Member M Cox, Professional Member C Gardiner, Lay Member G Smith, Professional Member Decision: (1) That Dr Faizur Noore is guilty of unsatisfactory professional conduct in respect of Complaints 1, 2 and 3.

(2) That the suspension imposed upon Dr Faizur Noore pursuant to s.150 of the National Law be lifted pursuant to s.150G of the National Law subject to the conditions set out in Annexure A hereto.

(3) That Dr Faizur Noore pay the costs of and incidental to these proceedings unless within 21 days an application is made by him for a different order. Catchwords: Professional misconduct-unsatisfactory professional conduct-medical practitioner consuming illicit drugs-practitioner prescribing drugs to person with whom practitioner had close personal relationship contrary to cl 3.14 of Code of Conduct for Doctors in Australia- prescribing drugs to person when practitioner had no specialist experience for treatment in the subject matter-Practitioner suffering from substance and depressive disorder. Substance use disorder Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Practitioner Regulation National Law (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Reimers v Medical Council of New South Wales [2015] NSWCATOD 38 Prothonotary of the Supreme Court of NSW v P [2003] NSWCA 320 Law Society of New South Wales v Foreman (No 2) (1994) 34 NSWLR 408 Law Society of New South Wales v Walsh [1997] NSWCA 185 Spicer v New South Wales Medical Board and Ors (unreported, NSWCA, Thursday 19 February 1981) Health Care Complaints Commission v Do [2014] NSWCA 307 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Faizur Rahman Noore (Respondent) Representation: Counsel: P Aitken (Applicant) S Barnes (Respondent