Ghannoum v Medical Council of NSW [2018] NSWCATOD 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ghannoum v Medical Council of NSW [2018] NSWCATOD 118 Hearing dates: 1 June 2018 Date of orders: 01 August 2018 Decision date: 01 August 2018 Jurisdiction: Occupational Division Before: Mullane ADCJ – Principal Member Dr S Cowap – Professional Member Dr K Koster – Professor Member B Radcliffe – General Member Decision: (1)There is a reinstatement order in favour of the applicant and he may be registered in accordance with Part 7 of the National Law subject to the conditions in s 163B(3) of the National Law.

(2)The applicant must pay the respondent's costs of or incidental to the proceedings as agreed or as assessed. Catchwords: TRADES AND PROFESSIONS – medical practitioner – cancellation of registration for breach of critical compliance condition – reinstatement application Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Ghannoum (No 2) [2016] NSWCATOD 17 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Texts Cited: Nil Category: Principal judgment Parties: Wael Ghannoum (Applicant) Medical Council of NSW (Respondent) Representation: Counsel: P Lowson (Respondent)

Solicitors: Nil File Number(s): 2018/00042131 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. On 8 February 2016, orders were made in disciplinary proceedings against the applicant practitioner (Health Care Complaints Commission v Ghannoum (No 2) [2016] NSWCATOD 17). The orders made by the Tribunal included order 7, which is: "The conditions contained in orders 3.1, 3.2, 3.5(i), (ii), (iii) and (iv) are critical compliance conditions contravention of which will result in the respondent's [the applicant herein] registration being cancelled." 1. Order 3.5(iii) made by the Tribunal on 8 February 2016 required the applicant to: "Attend at least one continuing medical education course each month whilst registered to practice." 1. By a letter dated 17 February 2016, the Medical Council wrote to the applicant and identified critical compliance conditions and notified the applicant of the consequences of breaching critical compliance conditions. 2. The applicant failed to provide evidence to the respondent that he attended a continuing medical education course in the month of December 2016 or the month of January 2017. It is common ground that he did not attend an education course in either of those months. 3. The power to make critical compliance orders is in s 149(4)(A) of the Health Practitioner Regulation National Law (NSW) ("the National Law"). 4. The delegates of the Medical Council conducted a hearing on 11 July 2017 into the issue of whether the practitioner had contravened the relevant condition of his registration. The Council, by its delegates, decided that the practitioner had breached critical compliance condition in both December 2016 and January 2017 and pursuant to s 150(3) of the National Law, the Council therefore suspended the practitioner's registration and referred the matter to the Tribunal as a complaint. These steps were required by the National Law. 5. The powers of the Tribunal dealing with that complaint are specified in s 149C(iii) of the National Law, which provides: (iii) The Tribunal must cancel a registered health practitioner's … registration if the Tribunal is satisfied that the practitioner … has contravened a critical compliance order or condition. 1. Accordingly on 4 December 2017 there was a hearing of the Tribunal in respect of a complaint by the Medical Council that the applicant practitioner had contravened a critical compliance order. The Tribunal, as is required by the legislation, cancelled the applicant's registration and made an order that the respondent may not apply for a review of the decision until after 11 January 2018. 2. On 6 February 2018, the applicant filed his application for a review of the cancellation decision. 3. This was the hearing of that application.