Health Care Complaints Commission v Hanna (No 2) [2017] NSWCATOD 178

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hanna (No 2) [2017] NSWCATOD 178 Hearing dates: 27 November 2017 Date of orders: 13 December 2017 Decision date: 13 December 2017 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr J Spies, Senior Member Dr K Edwards, Senior Member C Gardiner, General Member Decision: 1. Dr Ibrahim Youssef Hanna ("the practitioner") is reprimanded. 2. The practitioner's registration is subject to the following conditions: (a) the practitioner is to attend on A/Professor Anthony Richardson or such other psychiatrist (the psychiatrist) as the practitioner may nominate to the Medical Council of NSW (the Council) quarterly commencing in the first quarter of 2018 and terminating twelve months thereafter; (b) to notify the Council immediately if he changes psychiatrist; (c) to authorise the psychiatrist to notify the Council in the event the practitioner fails to attend any quarterly appointment, or terminates the therapeutic relationship; and (d) the practitioner shall be responsible for costs associated with compliance with 2(a) - 2(c). 3. The Council is the appropriate review body to review the conditions imposed by Order 2 of these orders. Sections 125 to 127 of the Health Practitioner Regulation National Law are to apply if the practitioner's place of practice is anywhere in Australia other than New South Wales so that the appropriate review body in those circumstances is the Medical Board of Australia. 4. The Registrar is requested to provide a copy of these reasons for decision to the Council and to the Medical Board of Australia as soon as practicable. 5. The practitioner is to pay the costs of the Health Care Complaints Commission of and incidental to the proceedings up to 16 October 2017 and 50 per cent of the costs thereafter as agreed or failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONS AND TRADES – Where medical practitioner found guilty of unsatisfactory professional conduct and professional misconduct – consideration of appropriate protective orders under the Health Practitioner Regulation National Law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law Legal Profession Uniform Law Application Act 2014 (NSW) Medical Practice Act 1992 (NSW) (repealed) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Ibrahim Youssef Hanna (Respondent) Representation: Counsel: R Mathur (Applicant) P Griffin SC (Respondent)