Health Care Complaints Commission v Huda [2019] NSWCATOD 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Huda [2019] NSWCATOD 109 Hearing dates: 5 and 6 April 2019; 9 May 2019 Date of orders: 08 July 2019 Decision date: 08 July 2019 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member Dr R Barnett, Professional Member Dr J Aitken, Professional Member R Kusuma, General Member Decision: 1. The Tribunal finds that the practitioner's conduct constitutes both unsatisfactory professional conduct AND professional misconduct. 2. Pursuant to s.149C(1)(a) and (b) of the National Law, the registration of Dr Quamrul Huda is cancelled. 3. Pursuant to section 149C(7) of the National Law order that Dr Huda cannot seek a review of the orders made by the Tribunal for a period 12 months from the date hereof. 4. Pursuant to section 163 of the National Law the Tribunal is the appropriate review body for any review of these orders; 5. Dr Quamrul Huda is to pay the costs of the Health Care Complaints Commission of and incidental to the proceedings as agreed or, failing agreement, as assessed under the Legal Profession Uniform Law Act 2014 (NSW). 6. Publication of the names of the patient and her partner referred to in this proceeding is prohibited. Catchwords: PROFESSIONS AND TRADES – Medical Profession – Disciplinary proceeding - Professional Misconduct Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) ("National Law") Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Health Care Complaints Commission v Bours (No 1) [2014] NSWCATOD 113 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Duggan [2015] NSWCATOD 142 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 at [91] Re Parajuli [2010] NSWMT 3 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant)