Health Care Complaints Commission v Cakan [2018] NSWCATOD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Cakan [2018] NSWCATOD 5 Hearing dates: 6 & 7 November 2017 Date of orders: 05 January 2018 Decision date: 05 January 2018 Jurisdiction: Occupational Division Before: G Mullane ADCJ Principal Member; Dr E Kok Senior Member; Dr A Demirkol Senior Member; Ms M Kelly General Member Decision: The respondent's registration as a medical practitioner is cancelled.

The respondent may not apply for review of the decision until after 11 July 2019.

The respondent must pay the applicant's costs of or incidental to the proceedings as agreed or as assessed. Catchwords: Medical practitioner, abuse of addictive drugs, breach of conditions of registration and misleading medical council-professional misconduct –registration cancelled. Legislation Cited: Health Practitioner Regulation National Law (NSW) ("the National Law"); Cases Cited: R v Byrne (1995) 193 CLR 501; Health Care Complaints Commission v MacGregor [2016] NSWCATOD 85; HCCC v Philipiah [2013] NSWCA 342 Category: Principal judgment Parties: Applicant: Health Care Complaints Commission Respondent: Irfan Cakan (Previously Irfan Kuroz) Representation: Counsel: Mr A.Britt (Applicant) Respondent: In Person Unrepresented Solicitors: Health Care Complaints Commission (Applicant) File Number(s): 2017/89412

REASONS FOR DECISION

Introduction 1. These are disciplinary proceedings commenced by the Applicant against the Respondent. 2. The complaints of the Applicant against the Respondent practitioner are briefly: * Complaint One – That the practitioner contravened conditions of his registration regarding drugs of addiction, attending urine drug testing, and having blood taken for measurement of Carbohydrate Deficient Transferrin levels, by failing to attend urine drugs tests,. failing to have blood taken for tests, self-administering Schedule 4 Appendix D or Schedule 8 drugs or a narcotic derivative non-prescription compound analgesic or cold medication which are not prescribed by his medical practitioner and failing to comply with the Medical Council of NSW's Urine Drug Testing Protocol. It is alleged that each such incident constituted unsatisfactory professional conduct. * Complaint Two – That on multiple occasions the practitioner gave misleading, inconsistent and/or untruthful information to the Medical Council which conduct was improper or unethical conduct relating to the practice or purported practice of medicine and each occasion was unsatisfactory professional conduct. * Complaint Three – That the instances of unsatisfactory professional conduct under Complaints One and Two together are of a sufficiently serious nature to justify suspension or cancellation of his registration and constituted professional misconduct. * Complaint Four – is that the practitioner has an impairment within the meaning of Section 5 of the National Law being a substance abuse disorder, Major Depression or Bipolar Disorder.