Health Care Complaints Commission v Hossain [2022] NSWCATOD 31

Health Care Complaints Commission v Hossain [2022] NSWCATOD 31

Dr Hossain repeatedly breached conditions limiting patient numbers, provided false and misleading information to regulatory bodies, and did so knowingly and deliberately. His conduct amounts to unsatisfactory professional conduct and, taken together, professional misconduct of sufficient seriousness to justify...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 March 2022
Procedural Posture
Occupational Discipline Tribunal Proceeding / Final Merits Hearing and Decision
Outcome
Application upheld; Registration cancelled; Costs awarded to applicant
Legal Topics
['medical Practitioner Misconduct' 'professional Standards' 'registration Cancellation' 'costs Orders' 'non Publication Orders']
['health Law' 'administrative Law' 'professional Regulation'] ['medical Practitioner Misconduct' 'professional Standards' 'registration Cancellation' 'costs Orders' 'non Publication Orders']

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Procedural Posture

Occupational Discipline Tribunal Proceeding / Final Merits Hearing and Decision

Legal Issues

  1. 1 ['Whether Dr Hossain was guilty of unsatisfactory professional conduct and professional misconduct under the Health Practitioner Regulation National Law (NSW)' 'Whether Dr Hossain breached conditions on his registration by exceeding the maximum number of patients per day' 'Whether Dr Hossain provided false and misleading information to Medicare and the Medical Council of NSW' 'Whether the conduct warranted protective orders including cancellation of registration']

Ratio Decidendi

Dr Hossain repeatedly breached conditions limiting patient numbers, provided false and misleading information to regulatory bodies, and did so knowingly and deliberately. His conduct amounts to unsatisfactory professional conduct and, taken together, professional misconduct of sufficient seriousness to justify cancellation of registration to protect public health and safety, maintain professional standards, and deter similar conduct. Costs should be awarded to the successful applicant.

Court Disposition

Application upheld; Registration cancelled; Costs awarded to applicant

Orders

  • ["Dr Hossain's registration cancelled pursuant to s 149(c)(1)(b) of the Health Practitioner Regulation National Law (NSW)" 'Dr Hossain precluded for twelve months from the cancellation date from seeking review of the order' "Dr Hossain to pay the applicant's costs" 'Non-publication order regarding names of patients...