Health Care Complaints Commission v Sinnathurai (No 2) [2021] NSWCATOD 177

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sinnathurai (No 2) [2021] NSWCATOD 177 Hearing dates: 5 October 2021 Date of orders: 05 November 2021 Decision date: 05 November 2021 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr S Cowap, Senior Member Dr C Newberry, Senior Member C Berglund, General Member Decision: (1) Dr Sinnathurai's registration as a medical practitioner is suspended for six months from the date of this decision. (2) On returning to practice, Dr Sinnathurai is to be subject to such conditions as are determined by the Tribunal after considering submissions from each party filed within 21 days of the date of this decision. (3) Dr Sinnathurai is to pay the costs of the Health Care Complaints Commission as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW): National Law, clause 13 of Schedule 5D. Catchwords: HEALTH — professional registration and discipline — professional misconduct — where general practitioner conducted breast and abdominal examinations when not clinically necessary, without informed consent and in an inappropriate manner — breaches of sexual boundaries — appropriate orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (New South Wales) Regulation 2016 (NSW) Health Care Complaints Act 1993 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Health Care Complaints Commission v Sinnathurai [2021] NSWCATOD 102 Health Care Complaints Commission v Menz (No 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Do [2014] NSWCA 307 Texts Cited: Royal Australian College of General Practitioners, 'Guidelines for preventive activities in general practice' (9th ed, 2016) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Tharumalingam Sinnathurai (Respondent) Representation: Counsel: A Petrie (Applicant) P Dwyer (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Avant Law Pty Ltd (Respondent) File Number(s): 2020/00253258 Publication restriction: The publication of the names of Patient A and Patient B, their family members and friends and each other patient who complained about Dr Sinnathurai referred to in the material filed by the parties is prohibited under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW).