Health Care Complaints Commission v Hatoum [2022] NSWCATOD 72

Health Care Complaints Commission v Hatoum [2022] NSWCATOD 72

Although the respondent's offending constituted serious calculated dishonesty and a breach of professional duty, cumulative suspension since July 2020, demonstrated insight, remorse, and substantial rehabilitation through therapy and education have sufficiently reduced the risk to public confidence or patient safety; therefore, the respondent is no longer unfit to practise in the public interest. A further short period of suspension with stringent practice and health conditions is necessary and sufficient to maintain professional standards and public confidence.

Parties
Applicant: Health Care Complaints Commission; Respondent: George Hatoum
Jurisdiction
Australia
Judgment Date
06 July 2022
Procedural Posture
Occupational Disciplinary Application / Final Merits Hearing and Orders
Outcome
Registration suspended until 16 August 2022; upon expiry, respondent may return to practise with stringent conditions; respondent to pay applicant's costs as agreed or assessed.
Legal Topics
Medical Practitioner Misconduct, Professional Boundaries, Public Interest and Fitness to Practise, Protective/practice Conditions, Suspension of Registration, Remorse and Insight, Rehabilitation of Practitioners
Health Law Administrative Law Professional Discipline Medical Practitioner Misconduct Professional Boundaries Public Interest and Fitness to Practise Protective/practice Conditions Suspension of Registration +2 more

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Parties

Health Care Complaints Commission

Applicant

George Hatoum

Respondent

Procedural Posture

Occupational Disciplinary Application / Final Merits Hearing and Orders

Legal Issues

  1. 1 Whether the respondent's criminal convictions for dishonesty-related offences render him unfit in the public interest to practise as a medical practitioner under s 149C(1)(c) of the National Law
  2. 2 What protective orders, if any, should be imposed including suspension, cancellation or conditions on practise
  3. 3 Whether the respondent has demonstrated insight, remorse and reformation to permit return to practice with conditions

Ratio Decidendi

Although the respondent's offending constituted serious calculated dishonesty and a breach of professional duty, cumulative suspension since July 2020, demonstrated insight, remorse, and substantial rehabilitation through therapy and education have sufficiently reduced the risk to public confidence or patient safety; therefore, the respondent is no longer unfit to practise in the public interest. A further short period of suspension with stringent practice and health conditions is necessary and sufficient to maintain professional standards and public confidence.

Court Disposition

Registration suspended until 16 August 2022; upon expiry, respondent may return to practise with stringent conditions; respondent to pay applicant's costs as agreed or assessed.

Orders

  • Registration of the respondent suspended pursuant to s. 149C of the National Law until 16 August 2022.
  • Upon expiry of suspension, practice conditions to apply: Medical Council of NSW approval required for changes in practice; practice only in approved group setting; limit of 35 hours/5 days per week; patient limits; periodic reporting to Medical Council; Category B supervision for minimum of one year; mentorship;...