Health Care Complaints Commission v Khan [2019] NSWCATOD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Khan [2019] NSWCATOD 1 Hearing dates: 3, 4, 5, 6 December 2018 Date of orders: 02 January 2019 Decision date: 02 January 2019 Jurisdiction: Occupational Division Before: Cowdroy ADCJ, Principal Member Dr R Walpola, Professional Member Dr S Mares, Professional Member Dr C Berglund, General Member Decision: (1) The respondent has engaged in conduct which constitutes professional misconduct within s 139E of the Health Practitioner National Law (NSW).

(2) Publication of the identity of the patients described as Patient A to Patient I, and of the witness referred to in the proceedings, be prohibited pursuant to Cl 7 of Schedule 5 to the New South Wales Civil and Administrative Tribunal Act 2013 (NSW).

(3) The proceedings be adjourned to a date to be fixed for submissions relating to disciplinary sanctions. Catchwords: Medical practitioner engaging in conduct with patients – forwarding numerous text and Viber messages – seeking 'emotional support' from his patients – visiting patients at their homes – engaging in conduct of a sexual nature – patients treated for issues including mental health issues.

Medical practitioner – claims for Medicare reimbursement made by practitioner when there was no justification for making such claims Legislation Cited: Health Practitioner National Law (NSW) New South Wales Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Bannister v Walton (1993) 30 NSWLR 699 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chen v Health Care Complaints Commission [2017] NSWCA 186 Gianoutsos v Glykis (2006) 65 NSWLR 359 Health Care Complaints Commission v Do [2014] NSWCA 37 Health Care Complaints Commission v Iskander [2015] NSWCATOD 30 Health Care Complaints Commission v Karalasingham [2007) NSW CA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v MacGregor [2016] NSWCATOD 86 Lindsay v Health Care Complaints Commission [2005] NSWCA 356 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 CLR 445; [1992] HCA 66 Office of Local Government v Toma [2015] NSWCATOD 21 Parker v Comptroller of Customs (2009) 83 ALJR 494, [2009] HCA 7 Prakash v HCCC [2006] NSWCA 153 R v Byrne (1995) 193 CLR Re Sophie [2008] NSWCA 250 Rejfek v McElroy (1965) 112 CLR 517 Slezak, Dr Peter [2011] NSWMPSC 10 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Nauman Zafar Khan (Respondent) Representation: Counsel: F Aitken