Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Hearing dates: 24 February, 25 Februray 2020 Date of orders: 17 June 2020 Decision date: 17 June 2020 Jurisdiction: Occupational Division Before: A Britton, Principal Member Dr A Downie, Senior Member Dr H Jenkins, Senior Member C Gardiner, General Member Decision: (1) Dr Kesserwani is reprimanded. (2) Pursuant to s 149A of the Health Practitioner Regulation National Law (NSW), for 12 months or such longer period as determined by the Chiropractic Council of NSW (the Council), the following conditions are imposed on Dr Kesserwani's registration: (a) The practitioner is to be mentored for a minimum period of 12 months, and as subsequently determined by the Council in accordance with the Chiropractic Council of NSW's Compliance policy – Mentoring. (b) The practitioner is to submit to random, unannounced audits of every practice where he provides chiropractic services: (i) The audits are to be conducted by persons appointed by the Chiropractic Council of NSW and are to assess and report to the Council on the practitioner's record keeping and file management; (ii) The practitioner will permit the auditors to inspect all patient records and any copy of any patient records, however, they are kept. (iii) The practitioner is to advise the Chiropractic Council of NSW in writing at least seven days prior to changing the nature or place of his practice. (3) While Dr Kesserwani's principal place of practice is NSW, the Chiropractic Council of NSW is the appropriate review body for the purposes of Pt 8, Div 8 of the Health Practitioner Regulation National Law (NSW). Catchwords: PROFESSIONS AND TRADES — whether conduct admitted to be unsatisfactory professional conduct" amounts to "professional misconduct