New South Wales
Medical Tribunal
CITATION: Re Mansoor Haider Zaidi [2006] NSWMT 6 TRIBUNAL: Medical Tribunal PARTIES: Mansoor Haider Zaidi
Health Care Complaints CommissionFILE NUMBER(S): 40040 of 2005 CORAM: Rein, SC DCJ - Toh, Dr S - Mares, Dr S - Smith, Mr RJ CATCHWORDS: Application for re-registration - refusal to admit past misconduct (indecent assaults on patients) - other issues relevant to good character - consideration of principles applicable to reinstatement to the register LEGISLATION CITED: Bankruptcy Act 1966
Medical Practice Act 1992, s 92, Sch 2 cl 6
Medical Practitioners ActCASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336;
Dawson v Law Society of New South Wales (CA(NSW), 21/12/1989, unreported);
HCCC v Hatoum [2004] NSWCA 30;
HCCC v Litchfield (1997) 41 NSWLR 630;
Murphy v Doman (2003) 58 NSWLR 51; [2003] NSWCA 249 ;
Raybos Australia Pty Ltd v Scitec Corporation Pty Ltd (unreported, NSWCA, Kirby P, Samuels and Mahoney JJA, 16/6/1986, BC8601339);
Rohatgi v Medical Tribunal (unreported, NSWCA, 20/04/1994, BC9402485);
State Rail Authority of NSW v Earthline Constructions Pty Ltd (in liq) (1999) 160 ALR 588; [1999] HCA 3;
Ex parte Tziniolis; Re Medical Practitioners Act (1966) 67 SR (NSW) 448;
Zaidi v HCCC (1998) 44 NSWLR 82DATES OF HEARING: 15-18 May 2006 DATE OF JUDGMENT: 14 September 2006 LEGAL REPRESENTATIVES: Applicant in person
Mr P Strickland SC (HCCC)ORDERS: 1. The Application pursuant to s 92 of the Medical Practice Act 1992 be dismissed; 2. The Applicant to pay the costs of the HCCC as agreed or assessed, subject to the provisions of the Bankruptcy Act 1966; 3. The Applicant not be permitted to apply for re-registration for a period of 7 years.
JUDGMENT:
Pursuant to Clause 6 of Schedule 2 to the Medical Practice Act 1992 the Tribunal has made a Non Publication Order in respect of the names of the complainants.
ORDERS
1. The Application pursuant to s 92 of the Medical Practice Act 1992 be dismissed.
2. The Applicant to pay the costs of the HCCC as agreed or assessed, subject to the provisions of the Bankruptcy Act 1966 .
3. The Applicant not be permitted to apply for re-registration for a period of 7 years.
1 The Tribunal has been constituted to hear an application pursuant to s 92 of the Medical Practice Act 1992 (“the Act”) by Mr Mansoor Haider Zaidi. Mr Zaidi was de-registered as a medical practitioner in 1990 following a hearing before the Tribunal and he has in 1994, 1996 and 2002 had his applications for re-registration refused.
2 Whilst his application pursuant to s 92 is an application that he be reinstated to the register of medical practitioners (on conditions) based on his present asserted fitness to practise medicine, it appeared that Mr Zaidi was, by the written material which he sought to tender and the oral evidence he foreshadowed wishing to call, seeking to have the Tribunal review the decisions that were made by earlier differently constituted Tribunals.
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- Case
- [2006] NSWMT 6
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the misconduct, which occurred several years prior, justified a refusal to permit Zaidi's re-registration. The court examined the principles governing reinstatement to the medical register, focusing on the gravity of the past misconduct, the likelihood of re-offending, and any evidence of rehabilitation or change in character. It also considered whether there were any mitigating factors that might weigh in favour of Zaidi's application.
In dismissing the application, the court found that the nature and extent of Zaidi's past misconduct were sufficiently serious to warrant a refusal of re-registration. The court was not satisfied that Zaidi had demonstrated sufficient change or rehabilitation to warrant his return to the medical profession. Consequently, the court ordered that Zaidi's application be dismissed, imposed a costs order against him, and prohibited him from applying for re-registration for a period of seven years.
Orders
Orders of the court
1. The Application pursuant to s 92 of the Medical Practice Act 1992 be dismissed; 2. The Applicant to pay the costs of the HCCC as agreed or assessed, subject to the provisions of the Bankruptcy Act 1966; 3. The Applicant not be permitted to apply for re-registration for a period of 7 years.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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