Health Care Complaints Commission v Gayed [2018] NSWCATOD 165

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Gayed [2018] NSWCATOD 165 Hearing dates: 4, 5, 6 June 2018 Date of orders: 06 June 2018 Decision date: 06 June 2018 Jurisdiction: Occupational Division Before: Hon G Mullane ADCJ, Principal Member Dr M Nicholl, Senior Member Dr J Lee, Senior Member Dr C Berglund, General Member Decision: 1. The respondent practitioner is guilty of professional misconduct.

2. If the respondent practitioner were registered as a medical practitioner the Tribunal would have cancelled his registration.

3. The respondent practitioner is disqualified from being registered as a health practitioner for three years from today.

4. The National Board is required to record the fact that the Tribunal has cancelled the practitioner's registration in the National Registry kept by the Board. 5. Publication or broadcast without the leave of the Tribunal of the name or other identifying information in respect of any patient referred to in the proceedings is prohibited.

6. The respondent practitioner must pay the applicant's costs of or incidental to these proceedings as agreed, or as assessed. Catchwords: PROFESSIONS AND TRADES - Medical practitioner- Specialist Obstetrician/ Gynaecologist - Health Practitioner Regulation National Law - unsatisfactory professional conduct and professional misconduct - practitioner's registration cancelled Legislation Cited: Health Practitioner Regulation National Law (NSW); Health Care Complaints Act 1993; Cases Cited: Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Emil Shawky Gayed (Respondent) Representation: Counsel: Ms R Mathur (Applicant) Mr T Saunders (Respondent)