Health Care Complaints Commission v Sriskanda [2021] NSWCATOD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sriskanda [2021] NSWCATOD 42 Hearing dates: 22 and 31 March 2021 Date of orders: 14 April 2021 Decision date: 14 April 2021 Jurisdiction: Occupational Division Before: Cowdroy AO QC ADCJ, Principal Member Dr H Haikal-Mukhtar, Senior Member Dr G Yeo, Senior Member J Houen, General Member Decision: The Tribunal makes the following orders: (1) The Tribunal finds that the conduct of the respondent satisfies the definition of both unsatisfactory professional conduct and professional misconduct as alleged in the Complaints; (2) The proceedings be adjourned to determine the appropriate disciplinary sanction to be imposed (Stage 2 of the proceedings). Catchwords: HEALTH — professional registration and discipline — complaints — inappropriate prescription of drugs of addiction without authority — inadequate clinical records — prescribing of drugs in excessive quantities for no apparent therapeutic reason — disclosing patient information to another patient Legislation Cited: Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (New South Wales) Regulation 2016 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 FTZK v Minister for Immigration and Border Protection [2014] HCA 26 Ghosh v Health Care Complaints Commission [2020] NSWCA 353 Health Care Complaints Commission v Dr Mohammed Sadiq Asar [2016] NSWCATOD 157 Health Care Complaints Commission v Istephan [2017] NSWCATOD 15 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 39 Health Care Complaints Commission v XC [2015] NSWCATOD 9 Texts Cited: Medical Board of Australia, "Good Medical Practice: A Code of Conduct for Doctors in Australia" (March 2014) The Royal Australian College of General Practitioners, "Standards for general practices" (4th ed, October 2010) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Urmila Sriskanda (Respondent) Representation: Counsel: T Jackson (Applicant)