Rahman v Health Care Complaints Commission

Rahman appealed to the Court of Appeal of New South Wales against a decision of the Health Care Complaints Commission (HCCC) concerning his professional conduct as a medical practitioner. The HCCC had found that Dr Rahman engaged in unsatisfactory professional conduct and professional misconduct due to his inappropriate prescription of drugs of addiction, inadequate clinical records, and his continuing involvement in unproven therapies.

The primary legal issues before the Court of Appeal were whether the disciplinary orders made by the HCCC were proportionate to the misconduct found, and whether those orders were made in reliance on particulars that had not been formally pleaded against Dr Rahman. The Court also considered the availability of a stay of the HCCC's de-registration order, which had already been effected.

The Court of Appeal dismissed the appeal, finding that the HCCC's decision was not vitiated by the alleged reliance on unpleaded particulars. The Court reasoned that the particulars of the misconduct were sufficiently broad to encompass the findings made, and that Dr Rahman had been afforded adequate opportunity to respond. Furthermore, the Court held that the disciplinary orders, including the revocation of his registration, were proportionate to the seriousness of the misconduct and necessary to protect the public interest. Consequently, the interlocutory orders that had previously stayed the HCCC's decision were revoked.