Re Mansoor Haider Zaidi - [2006] NSWMT 6

New South Wales

Medical Tribunal

CITATION: Re Mansoor Haider Zaidi [2006] NSWMT 6

TRIBUNAL: Medical Tribunal

PARTIES: Mansoor Haider Zaidi
Health Care Complaints Commission

FILE 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 Act

CASES 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 82

DATES 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.

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2006] NSWMT 6
Decision Date: 14 September 2006

CaseChat Overview and Summary

The case before the court involved an application by Mansoor Haider Zaidi for re-registration as a medical practitioner following his removal from the medical register due to serious professional misconduct. The Health Care Complaints Commission (HCCC) opposed the application, citing Zaidi's past misconduct, which included indecent assaults on patients, as grounds for refusal. The court had to determine whether Zaidi's past conduct warranted a refusal to admit him back onto the medical register and consider other issues relevant to his good character and suitability for reinstatement.

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

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Re Mansoor Haider Zaidi [2006] NSWMT 6
TRIBUNAL:	Medical Tribunal
PARTIES:	Mansoor Haider Zaidi Health Care Complaints Commission
FILE 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 Act
CASES 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 82
DATES 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.