Health Care Complaints Commission v Narayan [2023] NSWCATOD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Narayan [2023] NSWCATOD 90 Hearing dates: 1 – 3 March 2023 Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Occupational Division Before: The Hon M Le Poer Trench ADCJ, Principal Member Dr A Reid, Senior Member Dr S Patel, Senior Member C Berglund, General Member Decision: (1) The Respondent's registration is to be suspended for a period of three months from the date hereof. (2) The Respondent's registration as a medical practitioner is to have the following conditions attached to it which are to operate upon the conclusion of the period of suspension set out in these orders: (a) To obtain Medical Council of NSW approval prior to changing the nature or place of practice. (b) To practise only in a group practice approved by the Medical Council of NSW where there are at least 2 other registered medical practitioners, with at least one other registered medical practitioner always on site. (c) To consult or treat no more than 25 patients per day and no more than 4 patients per hour. (d) To practise no more than 40 hours per week and no more than 8 hours per day. (e) To practise under category B supervision 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. (f) At each supervisor meeting, which is to be weekly for the first month of the Respondent's return to practice, then fortnightly for the next two months of his practice and thereafter monthly, the practitioner is to review and discuss his practice with his approved supervisor with particular focus on: (i) Doctor/patient relationship; (ii) Workload; and (iii) The Respondent's wellbeing and compliance with these conditions. (g) To authorise the Medical Council of NSW to provide proposed and approved supervisor with a copy of this decision (the restricted publication version) and any other relevant decision or report. (h) Not to practise until a supervisor has been approved by the Medical Council of NSW. (i) To nominate a registered experienced general practitioner to act as his professional mentor for approval by the Medical Council of NSW in accordance with the Medical Council of NSW's Compliance Policy – Mentoring (as varied from time to time) and as subsequently determined by the appropriate review body. (i) At each meeting the practitioner is to include discussion of initially the issues highlighted in this decision, personal and professional development as a medical practitioner and any personal and/or medical practice issues that may arise. (ii) To authorise the mentor to report, in an approved format, to the Council every six months about the fact of contact, and to inform the Council if there is any concern about his professional conduct, health or personal wellbeing. (iii) To authorise the Medical Council of NSW to provide nominated and approved mentors with a copy of this decision and any other relevant decision or report. (j) To attend for treatment by Dr Daisy Gamayel a psychologist he has attended upon, or another psychologist of his choice and approved by Professor Kenny, within 14 days of the resumption of medical practice pursuant to the orders made herein. (i) The frequency of treatment is to be determined by his treating psychologist. (ii) To authorise his treating psychologist to inform the Medical Council of NSW of any of the following: (A) Failure to attend for treatment; (B) Termination of the treating relationship; and (C) A significant change in health status (including a significant temporary change). (iii)The practitioner must provide the Council with the professional details of the treating practitioner. (k) To advise the Medical Council of the name and address of his General Practitioner, being a GP practicing in the same geographical location as the Respondent or in the same geographical location as the Respondent's residence, and any change in GP during the currency of the operation of this condition. (l) The Medical Council of NSW is the appropriate review body for the purposes of Part 8, Division 8 of the Health Practitioner Regulation National Law (NSW). (m) Sections 125 to 127 of the Health Practitioner Regulation National Law (NSW) 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. (3) The Respondent is to pay the costs of the HCCC as agreed or as assessed. (4) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of the names of the patient and the colleagues set out in the Schedule to the Complaint herein is prohibited. (5) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, the evidence specified in Annexure A (or any reference to that evidence) to these reasons, including extracts from the oral evidence given in the hearing and set out in the reasons, may only be published to the parties to this proceeding and to the Medical Council of New South Wales and may not be published to any other person or entity. The evidence specified in Annexure A to this order, together with any related evidence set out in this decision, will be omitted from the version of the Tribunal's reasons in this matter which will be prepared for publication beyond the parties and the Medical Council of New South Wales and replaced with [NOT FOR PUBLICATION]. Catchwords: HEALTH – professional registration and discipline –professional misconduct – unsatisfactory professional conduct – protective orders Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 3-3B, 125-127, 139B, 139E, 149C, 150, 165K, Sch 5D cll 7, 13 Cases Cited: Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Clyne v NSW Bar Association (1960) 104 CLR 186; [1960] HCA 40 HCCC v Jane Waddell (No 2) [2013] NSWNMT 2 Health Care Complaints Commission v Aref [2018] NSWCATOD 133 Health Care Complaints Commission v Bolton [2021] NSWCATOD 160 Health Care Complaints Commission v Bours (No 2) [2015] NSWCATOD 80 Health Care Complaints Commission v Burton [2017] NSWCATOD 57 Health Care Complaints Commission v Choi [2017] NSWCATOD 82 Health Care Complaints Commission v Clarke [2022] NSWCATOD 55 Health Care Complaints Commission v Dr CRF [2016] NSWCATOD 120 Health Care Complaints Commission v CSM [2018] NSWSC 902 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v FTR [2023] NSWCATOD 46 Health Care Complaints Commission v Hasan [2022] NSWCATOD 52 Health Care Complaints Commission v Jamnagarwalla (No 2) [2023] NSWCATOD 1 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWSC 297 Health Care Complaints Commission v McNab [2023] NSWCATOD 41 Health Care Complaints Commission v Mooney [2022] NSWCATOD 43 Health Care Complaints Commission v Morsingh [2021] NSWCATOD 13 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Segal (No 2) [2023] NSWCATOD 6 Medical Board of Australia v Liang Joo Leow [2019] VSC 532 Medical Practitioners Board of Victoria v Lal (2009) 23 VR 702; [2009] VSCA 109 NSW Bar Association v Meakes [2006] NSWCA 340 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Vitality Works Australia Pty Ltd v Yelda (No 2) (2021) 105 NSWLR 403; [2021] NSWCA 147 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant). Dr Sharwan Narayan (Respondent) Representation: Counsel: S McCarthy (Applicant) R Rodgers (Respondent)