Health Care Complaints Commission v Sinnathurai (No 3) [2022] NSWCATOD 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sinnathurai (No 3) [2022] NSWCATOD 10 Hearing dates: On the papers after 9 December 2021 Date of orders: 28 January 2022 Decision date: 28 January 2022 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr S Cowap, Senior Member Dr C Newberry, Senior Member C Berglund, General Member Decision: Under section 149A(1)(b) and (d) of the Health Practitioner Regulation National Law (NSW), the Tribunal directs that the following Conditions be imposed on the respondent's registration: (1) To obtain Medical Council of NSW approval prior to changing the nature or place of his practice. (2) To practise only in a group practice approved by the Medical Council of NSW where there are at least two registered medical practitioners (excluding the subject practitioner): (a) where the patients and patient records are shared between the medical practitioners; (b) where there is always one other registered medical practitioner on site; and (c) which is an accredited practice. (3) The practitioner is to conduct breast examinations only in accordance with the RACGP guidelines related to prevention and early detection of breast cancer. (4) To practise no more than 45 hours per week. (5) To practise under category C supervision, with a supervisor approved by the Medical Council of NSW, in accordance with the Medical Council of NSW's Compliance Policy – Supervision (as varied from time to time) and as subsequently determined by the appropriate review body. (a) Prior to each supervision meeting, the practitioner must forward to the Council-approved supervisor a copy of the log of all patients he has performed a breast examination on in the preceding fortnight. (b) At each supervision meeting the practitioner is to review and discuss his practice with his approved supervisor with particular focus on: (i) Medical records (ii) Communication (iii) Obtaining informed consent (iv) Appropriate modesty sheet and breast examination techniques (v) The clinical indications for performing breast examinations (vi) Compliance with conditions (c) To authorise the Medical Council of NSW to provide the proposed and approved supervisors with a copy of the decision which imposed this condition. (d) Not to practise until a supervisor has been approved by the Medical Council of NSW. (6) Within 6 months of recommencing practice, to complete a suitable course or training on conducting breast examinations approved by the Medical Council of NSW. (a) Within 1 month of recommencing practice to nominate a suitable course or training with a Council approved peer on conducting breast examinations for approval by the Council. (b) Within 1 month of completing the abovementioned course or training with a Council approved peer, the practitioner is to provide documentary evidence to the Council that he has satisfactorily completed the course or training. (c) To bear responsibility for any costs incurred in meeting this condition. (d) Not to conduct any breast examination on any patient until he has satisfactorily completed this course or training. (7) Within 12 months of recommencing practice the practitioner is to complete the Clinical Communication Programme organised by the Cognitive Institute. (a) Within 1 month of recommencing practice, he must provide evidence to the Medical Council of NSW of his enrolment in the abovementioned course or training with a Council approved peer. (b) Within 1 month of completing the abovementioned course, he is to provide documentary evidence to the Council that he has satisfactorily completed the course or training with a Council approved peer. (c) To bear responsibility for any costs incurred in meeting this condition. (d) In the event that the course or training with a Council approved peer is unavailable, he must propose to the Council for approval a similar course or training with a Council approved peer to be undertaken in accordance with the requirements of this condition no later than 1 month after re-commencing practice. (8) To authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia for the purpose of monitoring compliance with these conditions. (9) The Medical Council is the appropriate review body for the purposes of Part 8, Division 8 of the Health Practitioner Regulation National Law (NSW). (10) Sections 125 to 127 of the Health Practitioner Regulation National Law are to apply whilst the practitioner's principal place of practice is anywhere in Australia other than in New South Wales, so that a review of these conditions can be conducted by the Medical Board of Australia. (11) 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): Health Practitioner Regulation National Law, clause 13(1) of Schedule 5D. Catchwords: HEALTH — professional registration and discipline — professional misconduct — appropriate orders Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Aref [2018] NSWCATOD 133 Health Care Complaints Commission v Sinnathurai [2021] NSWCATOD 102 Health Care Complaints Commission v Sinnathurai (No 2) [2021] NSWCATOD 177 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Tharumalingam Sinnathurai (Respondent) Representation: Counsel: A Petrie (Applicant) P Dwyer (Respondent)