Health Care Complaints Commission v Moslemi [2020] NSWCATOD 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Moslemi [2020] NSWCATOD 2 Hearing dates: 28 – 29 November 2019 Date of orders: 08 January 2020 Decision date: 08 January 2020 Jurisdiction: Occupational Division Before: O Shub, Senior Member L A Schalk, Senior Member B Clarke, Senior Member J Sillince, General Member Decision: (1) The Respondent is guilty of unsatisfactory professional conduct and professional misconduct. (2) The Respondent shall not be entitled to apply for registration as a midwife for a period of one year from the date of this order. The Tribunal requires the National Board with which the Respondent was registered to record the fact that the Tribunal would have cancelled the respondent's registration in the National Register kept by the Board. (3) The Respondent be subject to a prohibition order which will prevent her from providing the following health services on a public, private or volunteer basis until she is re-registered as a midwife: (a) medical hospital, nursing or midwifery services; (b) mental or community health services; (c) health education services. (4) The Respondent shall pay the costs of the Applicant as assessed or agreed. Catchwords: PROFESSIONS AND TRADES – registered midwife – breach of conditions – failure to advise of conditions – false statement to council – unethical behaviour Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) (National Law) Cases Cited: Bar-Mordecai v Health Care Complaints Commission [2002] NSWCA 192 Briginshaw v Briginshaw (1983) 60 CLR 336 Clyne v NSW Bar Association [1960] HCA 40; (1960) 104 CLR 186 Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523 Health Care Complaints Commission v Cakan [2018] NSWCATOD 5 Health Care Complaints Commission v DAC [2017] NSWCATOD 98 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Dr Saeid Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Gorondy-Novak [2011] NSWMT 3 Health Care Complaints Commission v Hanna [2018] NSWCATOD 113 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Karalasingham [2019] NSWCATOD 23 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Lopez (No 2) [2014] NSWCATOD 15 Health Care Complaints Commission v Perceval [2014] NSWCATOD 38 Health Care Complaints Commission v Reid [2018] NSWCATOD 162 Health Care Complaints Commission v Rolleston [2013] NSWMT 12 Health Care Complaints Commission v Ryken [2016] NSWCATOD 58 Health Care Complaints Commission v XC [2015] NSWCATOD 9 King v Health Care Complaints Commission [2011] NSWCA 353 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lindsay v Health Care Complaints Commission [2005] NSWCA 356 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 NSW Bar Association v Meakes [2006] NSWCA 340 Nursing and Midwifery Board of Australia ("Board") v Rachel Corderoy [2019] WASAT 48 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Re Dr Than Le [2001] NSWMT, 20 September 2001 Sudath v Health Care Complaints Commission [2012] NSWCA 171 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mina Moslemi (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) NSW Nurses and Midwives' Association (Respondent) File Number(s): 2019/00171206 Publication restriction: Nil