Health Care Complaints Commission v Noor [2019] NSWCATOD 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Noor [2019] NSWCATOD 167 Hearing dates: 2 – 4 September 2019 Date of orders: 08 November 2019 Decision date: 08 November 2019 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Dr N Harris, Senior Member Dr G Yeo, Senior Member Honorary Associate Professor P Macneill, General Member Decision: (1) The Australian Health Practitioner Regulation Agency is required to record the fact that, had the practitioner been registered, the Civil and Administrative Tribunal of NSW would have cancelled the practitioner's registration on account of professional misconduct. (2) Any application for an order for costs must be made within 21 days of the date of this decision. (3) Any response to an application for costs must be made within 14 days after the receipt of the application by the party. Catchwords: PROFESSIONS AND TRADES – health care professionals – medical practitioners – trainee in psychiatry – failure to attend to an in-patient – professional misconduct Legislation Cited: Evidence Act 1995 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA 186 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Irfan Noor (Respondent) Representation: Counsel: S Maybury (Applicant) M Gerace (Respondent)