Health Care Complaints Commission v Hanna [2017] NSWCATOD 165

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hanna [2017] NSWCATOD 165 Hearing dates: 16, 17, 18 and 19 October 2017 Date of orders: 17 November 2017 Decision date: 17 November 2017 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr J Spies, Professional Member Dr K Edwards, Professional Member C Gardiner, General Member Decision: 1.The Tribunal having found the practitioner guilty of unsatisfactory professional conduct and professional misconduct orders that: (a) the matter be listed for a Stage 2 hearing on 27 November 2017 at 10am. Catchwords: PROFESSIONS AND TRADES – Where it is asserted medical practitioner is guilty of professional misconduct – where boundary violation with patient admitted by medical practitioner Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Clyne v NSW Bar Association (1960) 104 CLR 186; [1960] HCA 40 Fraser v Health Care Complaints Commission [2015] NSWCA 421 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Wingate (2007) 70 NSWLR 323 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 CLR 445; [1992] HCA 66 Onassis v Vergottis [1968] 2 Ll.Rep 403 Texts Cited: Fact Finding made Easy (2006) 80 ALJ 454 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Ibrahim Youssef Hanna (Respondent) Representation: Counsel: R Mathur (Applicant) P Griffin SC (Respondent)