Health Care Complaints Commission v Sarkis [2019] NSWCATOD 134

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sarkis [2019] NSWCATOD 134 Hearing dates: 15 July 2019 Date of orders: 04 September 2019 Decision date: 04 September 2019 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member R Perrott, Senior Member (Professional) R Boland, Senior Member (Professional) G Alder General Member (Community Member) Decision: 1. Pursuant to a finding of professional misconduct, under s 149C(4)(a) of the National Law, the Tribunal would have cancelled the practitioner's registration as a physiotherapist if he had still been registered.

2. The National Board is required to record the fact that the Tribunal would have cancelled the practitioner's registration had he still been registered pursuant to s149C(4)(c) of the National Law.

3. The practitioner may not apply for a review of these orders for a period of 7 years from the date of these orders pursuant to s149C(4)(b) of the National Law.

4. Pursuant to s 149C(5A) of the National Law, the practitioner is prohibited from providing any health services as defined by s 4 of the Health Care Complaints Act 1993 (NSW), whether on a paid or voluntary basis, until such time as this Tribunal orders that he may re-register as a physiotherapist.

5. Pursuant to s 163(1)(c) of the National Law, the Tribunal is the appropriate review body.

6. The costs of the Complainant be paid by the Respondent in the fixed sum of $8,975.56. Catchwords: Health practitioner – allegations of sexual misconduct with 3 patients – failure to give notice of convictions – respondent admits guilty of complaints and particulars – finding of professional misconduct – held if respondent still registered registration would be cancelled – protective order made – costs order made. Legislation Cited: Health Practitioner Regulation National Law Cases Cited: Health Care Complaints Commission v Cheng [2017] NSWCATOD 51 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Brian Salim Sarkis (Respondent) Representation: Counsel: D New (Applicant)