Health Care Complaints Commission v Sallam [2018] NSWCATOD 161

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sallam [2018] NSWCATOD 161 Hearing dates: 10,11,13 September 2018 Date of orders: 26 September 2018 Decision date: 26 September 2018 Jurisdiction: Occupational Division Before: D A Cowdroy OAM QC ADCJ, Principal Member Dr N Harris, Senior Member Dr J Brown, Senior Member R Kusuma, General Member Decision: 1. That the registration of Dr Atef El-Sayed Mahmoud Sallam as a medical practitioner (Registration Number MED0001195401) be cancelled pursuant to s 149C(1)(b) of the Na-tional Law

2. The respondent may not apply for a review of the cancellation order for a period of 12 months from the date of these orders pursuant to s149C(7)

3. The respondent is to pay the costs of the applicant Catchwords: PROFESSIONS AND TRADES – Medical practitioner – prescribing Schedule 8 drugs contrary to the provisions of clause 37 Poisons and Therapeutic Goods Regulation 2008 and contrary to s 27 Poisons and Therapeutic Goods Act 1966 – practitioner having no authority to prescribe such drugs – practitioner failing to conduct proper assessments; prescribing medications inappropriately; failing to keep proper records and failing to be cognisant of drug taking behaviour of patients Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) No 2 Health Practitioner Regulation National Law (NSW) No 86a Poisons and Therapeutic Goods Act 1966 No 31 Health Practitioner Regulation (New South Wales) Regulation 2010 (repealed by the Health Practitioner Regulation (New South Wales) Regulation 2016) Poisons and Therapeutic Goods Regulation 2008 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11; [1990] HCA 33; Chen v Health Care Complaints Commission [2017] NSWCA 186; [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Howe [2010] NSWMT 12 Health Care Complaints Commission v Iskander [2015] NSWCATOD 30 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWSC 29 Gayed v Walton [1997] NSWSC 279Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Spicer v NSW Medical Council (unreported, NSWCA 19 February 1981) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Atef El-Sayed Mahmoud Sallam (Respondent) Representation: Counsel: Mr P Aitken (Applicant) Mr S Barnes (Respondent)