Health Care Complaints Commission v Rakheja (No 2) [2021] NSWCATOD 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Rakheja (No 2) [2021] NSWCATOD 74 Hearing dates: On the papers Date of orders: 03 June 2021 Decision date: 03 June 2021 Jurisdiction: Occupational Division Before: Cowdroy AO QC ADCJ, Principal Member Dr G Albert, Senior Member Dr S Patel, Senior Member S Lovrovich, General Member Decision: (1) The Tribunal affirms the orders made by consent on 19 May 2021. Catchwords: HEALTH — professional registration and discipline — unsatisfactory professional conduct — disciplinary sanction — consent orders — imposition of disciplinary sanction by consent approved Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Rakheja [2020] NSWCATOD 156 Texts Cited: Nil Category: Consequential orders Parties: Health Care Complaints Commission (Applicant) Atul Rakheja (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Unsworth Legal (Respondent) File Number(s): 2020/00105236 Publication restriction: Nil

REASONS FOR DECISION

Background 1. On 22 December 2020 the Tribunal published its reasons in respect of the Stage 1 proceedings against the respondent: see Health Care Complaints Commission v Rakheja [2020] NSWCATOD 156. 2. A hearing date was allocated for the purpose of hearing submissions concerning the appropriate disciplinary sanction to be imposed upon the respondent in consequence of the findings in the above decision. Such hearing date was set down as 20 May 2021. 3. On 19 May 2021 the Tribunal received a request from the applicant that the hearing date be vacated and that orders by consent be made. The consent orders provided for: 1. the respondent be cautioned; 2. all other conditions upon the respondent's registration be removed; 3. each party pay their own costs of the proceedings; 4. pursuant to section 50(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal dispense with a hearing. 1. The Tribunal considered that such orders were appropriate. Accordingly the hearing fixed for 20 May 2021 was vacated and the orders as sought were made by consent. 2. The Tribunal now provides its statement of the decision given by it in respect of the complaints that have been approved or admitted in whole or in part, pursuant to section 165M(4) of the Health Practitioner Regulation National Law (NSW) ("the National Law"), in respect of its decision to approve the consent orders reached between the parties.