Health Care Complaints Commission v Hasil (No 2) [2012] NSWMT 21

Health Care Complaints Commission v Hasil (No 2) [2012] NSWMT 21

Given the Tribunal's previous findings that Mr Hasil was suffering from a neurocognitive impairment, and in the absence of evidence of improved health, the Tribunal found that protection of the public required that if he were still registered his registration would be cancelled. Furthermore, any future application for re-registration must be supported by a current neuropsychological assessment showing his impairment has improved such that he can resume work as a medical practitioner with appropriate conditions. The Medical Council of New South Wales is the appropriate review body. The respondent is reprimanded for proven conduct and must pay 70% of the HCCC's costs to reflect the case...

Jurisdiction
Australia
Judgment Date
07 November 2012
Procedural Posture
Medical Disciplinary/professional Misconduct / Determination of Consequential or Protective Orders and Costs Following Established Findings
Outcome
Orders made: cancellation would have occurred if registered; conditions applied to any future re-registration; respondent reprimanded; costs apportioned.
Legal Topics
['impairment of Medical Practitioner' 'protective Orders' 'cancellation of Registration' 'costs Orders' 'rehabilitation Conditions']
['health Law' 'administrative Law' 'professional Discipline'] ['impairment of Medical Practitioner' 'protective Orders' 'cancellation of Registration' 'costs Orders' 'rehabilitation Conditions']

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Procedural Posture

Medical Disciplinary/professional Misconduct / Determination of Consequential or Protective Orders and Costs Following Established Findings

Legal Issues

  1. 1 ['What protective or consequential orders should be made in respect of Mr Hasil, a former registered medical practitioner found to be impaired, given he is no longer registered?' 'Whether conditions should be imposed regarding possible future re-registration by Mr Hasil in light of his neurocognitive impairment?' 'What is the appropriate apportionment of the costs of proceedings?']

Ratio Decidendi

Given the Tribunal's previous findings that Mr Hasil was suffering from a neurocognitive impairment, and in the absence of evidence of improved health, the Tribunal found that protection of the public required that if he were still registered his registration would be cancelled. Furthermore, any future application for re-registration must be supported by a current neuropsychological assessment showing his impairment has improved such that he can resume work as a medical practitioner with appropriate conditions. The Medical Council of New South Wales is the appropriate review body. The respondent is reprimanded for proven conduct and must pay 70% of the HCCC's costs to reflect the case...

Court Disposition

Orders made: cancellation would have occurred if registered; conditions applied to any future re-registration; respondent reprimanded; costs apportioned.

Orders

  • ['Pursuant to s 149C(4) of the National Law, if Mr Hasil were still registered as a medical practitioner, the Tribunal would have cancelled his registration.' "Any application by Mr Hasil for re-registration as a medical practitioner must be supported by a current neuropsychological assessment that confirms the...