Health Care Complaints Commission v Danaei (No 2) [2021] NSWCATOD 216

Health Care Complaints Commission v Danaei (No 2) [2021] NSWCATOD 216

Given the seriousness of the respondent's boundary violations with a vulnerable patient, the need for general deterrence and public confidence, the Tribunal would have cancelled the respondent's registration if he were still registered and orders disqualification for one year, with costs to the applicant.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 December 2021
Procedural Posture
Occupational Discipline / Orders Hearing Following Finding of Professional Misconduct
Outcome
Orders made: registration would have been cancelled if still held; respondent disqualified from registration for one year; fact of cancellation to be recorded; costs to applicant.
Legal Topics
['professional Misconduct' 'medical Practitioner Registration' 'sexual Boundaries' 'costs in Disciplinary Proceedings']
['health Law' 'medical Regulation' 'professional Discipline'] ['professional Misconduct' 'medical Practitioner Registration' 'sexual Boundaries' 'costs in Disciplinary Proceedings']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Occupational Discipline / Orders Hearing Following Finding of Professional Misconduct

Legal Issues

  1. 1 ["Whether respondent's registration would have been cancelled or suspended if still registered" 'Appropriate duration and form of disqualification from registration' 'Imposition of costs following finding of misconduct']

Ratio Decidendi

Given the seriousness of the respondent's boundary violations with a vulnerable patient, the need for general deterrence and public confidence, the Tribunal would have cancelled the respondent's registration if he were still registered and orders disqualification for one year, with costs to the applicant.

Court Disposition

Orders made: registration would have been cancelled if still held; respondent disqualified from registration for one year; fact of cancellation to be recorded; costs to applicant.

Orders

  • ['If the respondent was still registered as a medical practitioner, the Tribunal would have cancelled his registration (s 149C(1), (4)(a) National Law).' 'The respondent is disqualified from being registered in the medical profession for a period of one year from the date of these orders (s 149C(4)(b) National...