Health Care Complaints Commission v Elshaimy [2019] NSWCATOD 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Elshaimy [2019] NSWCATOD 17 Hearing dates: 22 October 2018, 26 October 2018 (final submissions) Date of orders: 25 January 2019 Decision date: 25 January 2019 Jurisdiction: Occupational Division Before: A Britton, Principal Member A Seselija, Professional Member F Wright, Professional Member S Lovrovich, General Member Decision: 1. Mr Elshaimy's registration as an oral health therapist is cancelled. 2. Mr Elshaimy is precluded from applying for a re-instatement order under s 163A of the Health Practitioner Regulation National Law (NSW) until 7 September 2021. 3. Mr Elshaimy must pay the Commission's costs, as agreed or assessed. Catchwords: PROFESSIONS AND TRADES — health practitioner — whether practitioner is suitable person to hold registration — appropriate form of protective order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Elshaimy v R [2018] NSWCCA 169 Ex parte Tziniolois; Re Medical Practitioners Act (1966) 67 SR (NSW) 448 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Istephan (No 2) [2017] NSWCATOD 116 Health Care Complaints Commission v Mathad (No 3) [2018] NSWCATOD 100: Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Jung v R [2017] NSWCCA 24 Lee v Health Care Complaints Commission [2012] NSWCA 80 NSW Bar Association v Meakes [2006] NSWCA 340 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Qasim v Health Care Complaints Commission [2015] NSWCA 282 R v Islam Elshaimy (District Court (NSW), 27 May 2016, unrep Category: Principal judgment Parties: Health Care Complaints Commission (Appellant)