Health Care Complaints Commission v Rakheja [2020] NSWCATOD 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Rakheja [2020] NSWCATOD 156 Hearing dates: 30 November 2020; 1-3 December 2020 Date of orders: 22 December 2020 Decision date: 22 December 2020 Jurisdiction: Occupational Division Before: D Cowdroy AO QC ADCJ, Principal Member Dr G Albert, Senior Member Dr S Patel, Professional Member S Lovrovich, General Member Decision: (1) The Application be adjourned for further hearing to determine any disciplinary sanction to be imposed upon the Respondent's registration as a medical practitioner; (2) Pursuant to clause 7 of Schedule 5D of the Health Practitioner Regulation National Law, publication of the identity of Patient A and of any witnesses is prohibited. (3) Costs reserved. Catchwords: PROFESSIONS AND TRADES - health and professionals – medical practitioners – disciplinary proceedings – alleged indecent assault on patient – alleged breach of practising conditions Legislation Cited: Crimes Act 1900 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Ameisen v Medical Council of New South Wales [2015] NSWCATOD 49 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v Safework NSW [2017] NSWCA 41 Chief Executive of the Office of Local Government v Bagnall (No 1) [2017] NSWCATOD 106 Cunliffe v Commonwealth (1994) 182 CLR 272 FTZK v Minister for Immigration and Anor [2014] HCA 26 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 39 Healthcare Complaints Commission v Black [2014] NSWCATOD 35 Jackson (formerly Subramaniam) v Legal Practitioners Admission Board [2007] NSWCA 289 Smale v R [2007] NSWCCA 328 R v Carroll (2002) 213 CLR 635; [2002] HCA 55 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Atul Rakheja (Respondent) Representation: Counsel: P Lowson (Applicant) M Ainsworth (Respondent)