Rahman v Health Care Complaints Commission

[2021] NSWCA 247

NSW Court of Appeal

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Interrogate

Catchwords

1. Health
2. › Professional registration and discipline
3. › Medical practitioners
4. › Professional misconduct
5. › Inappropriate prescribing of drugs of addiction
6. › Inadequate clinical records
7. › Proportionality of disciplinary orders
8. › Whether cancellation of registration disproportionate to misconduct
9. › Whether reprimand and conditions on registration sufficient to protect public interest
10. › Health Practitioner Regulation National Law (NSW), ss 139E, 165M
1. Health
2. › Professional registration and discipline
3. › Medical practitioners
4. › Disciplinary proceedings
5. › Whether Tribunal erred in relying on matters not particularised in complaint
6. › Practitioner's pursuit of unproven therapies
7. › Whether procedurally unfair
1. Practice and Procedure
2. › Appeal
3. › Stay of orders
4. › Interlocutory injunction
5. › Order for deregistration already effected
6. › Whether court has power to make restorative interlocutory order directing third party to reverse steps taken in compliance with lawful authority
7. › Supreme Court Act 1970 (NSW), ss 46, 66
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 50.7, 51.44

Quick Take

A practitioner seeking to maintain registration pending appeal from a deregistration order cannot obtain an interlocutory 'restorative' order directing AHPRA to reinstate their name on the register; [name withheld] v HCCC should no longer be relied upon for this purpose.