Health Care Complaints Commission v Karimi [2018] NSWCATOD 197

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Karimi [2018] NSWCATOD 197 Hearing dates: 8, 9, 10 and 11 October 2018 and written submissions 22 October 2018, 5 November 2018 and 19 November 2018. Date of orders: 19 December 2018 Decision date: 19 December 2018 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr J Fogarty, Senior Member Dr J Aitken, Senior Member C Gardiner, General Member Decision: (1) Dr Kooshyar Karimi (the practitioner) is reprimanded. (2) The practitioner's registration is suspended for a period of six months from the date of these orders. (3) On the expiration of the practitioner's suspension his registration shall be subject of the conditions set out in the orders at the end of this decision. (4) If the practitioner's principal place of practice is New South Wales the Medical Council of NSW (The Council) is the appropriate review body for the purposes of Part 8, Division 8 of the Health Practitioner Regulation National Law (NSW) (the National Law). (5) If the practitioner's principal place of practice is anywhere in Australia other than New South Wales sections 125 to s127 of the National Law shall apply and a review of the conditions can be conducted by the Medical Board of Australia. (6) The practitioner is to pay the costs of the Health Care Complaints Commission of and incidental to these proceedings as agreed or failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONS AND TRADES – Registered health practitioner - where practitioner practised while unregistered – falsification of registration certificate and document - where medical practitioner concedes he is guilty of professional misconduct – where practitioner prescribed in names of staff members to obtain stock for medical practice. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW). Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW). Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336, [1938] HCA 34. Clyne v NSW Bar Association (1960) 104 CLR 186 [1960] HCA 40 Health Care Complaints Commission v Do [2014] NSWCA 307. Health Care Complaints Commission v Philipiah [2013] NSWCA 342. Health Care Complaints Commission v Quan [2018] NSWCATOD 111). Health Care Complaints Commission v Reid [2018] NSWCATOD 162. Karimi v Medical Council of New South Wales [2017] NSWCATOD 180 Texts Cited: Medical Board of Australia, Good Medical Practice – A Code of Conduct for Doctors in Australia (March 2014) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Kooshyar Karimi (Respondent) Representation: Counsel: P Aitken (Applicant) Dr Karimi (Self-represented)