HCCC v Gayed [2009] NSWMT 4

HCCC v Gayed [2009] NSWMT 4

The respondent's admitted and deliberate breach of conditions 6 and 7 of his registration, in repeatedly administering Schedule 8 drugs and failing to notify his employer of his conditions, constitutes professional misconduct justifying deregistration and restriction of review.

Parties
Complainant: Health Care Complaints Commission; Respondent: Mr William Gayed
Jurisdiction
Australia
Judgment Date
23 November 2009
Procedural Posture
Disciplinary Proceedings / Judgment
Outcome
Complaint established. Orders made for deregistration, prohibition of review for three years, and payment of costs.
Legal Topics
Professional Misconduct, Breach of Registration Conditions, Medical Practitioners, Disciplinary Action
Health Law Professional Regulation Professional Misconduct Breach of Registration Conditions Medical Practitioners Disciplinary Action

Case Brief

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Parties

Health Care Complaints Commission

Complainant

Mr William Gayed

Respondent

Procedural Posture

Disciplinary Proceedings / Judgment

Legal Issues

  1. 1 Whether the respondent's conduct amounts to professional misconduct and/or unprofessional conduct
  2. 2 Whether the Tribunal should order that the respondent not be re-registered and for what period there should be no application for review
  3. 3 Costs

Ratio Decidendi

The respondent's admitted and deliberate breach of conditions 6 and 7 of his registration, in repeatedly administering Schedule 8 drugs and failing to notify his employer of his conditions, constitutes professional misconduct justifying deregistration and restriction of review.

Court Disposition

Complaint established. Orders made for deregistration, prohibition of review for three years, and payment of costs.

Orders

  • The respondent be deregistered (not be re-registered).
  • No application for review of this order within three years.