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No Stay on De-Registration Orders: Rahman v Health Care Complaints Commission [2021] NSWCA 247

This case note from Insurance Partner Zara Officer discusses the recent matter of Rahman v Health Care Complaints Commission [2021] NSWCA 247, an inappropriate prescribing case against Dr Abdul Bassel Rahman.

The offending conduct occurred over a period of 5 years, between 2011 and 2015. In May 2021 the NSW Civil and Administrative Tribunal decided to cancel the practitioner’s registration, and directed that he not seek a review for a period of 12 months. The practitioner appealed to the NSW Court of Appeal.

The Australian Health Practitioner Regulation Agency removed the practitioner’s name from the register soon after the Tribunal orders were made.

The case is noteworthy because it leaves no doubt that once cancellation of registration has occurred, the Tribunal cannot later order reinstatement, pending an appeal.   

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