Health Care Complaints Commission v Muthukrishna [2023] NSWCATOD 110

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Muthukrishna [2023] NSWCATOD 110 Hearing dates: 8 May 2023 Date of orders: 28 July 2023 Decision date: 28 July 2023 Jurisdiction: Occupational Division Before: A Britton, Deputy President J Wakefield, Senior Member S Hong, Senior Member M Christensen, General Member Decision: (1) Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW), Mr Muthukrishna's registration as a physiotherapist is cancelled. (2) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW), Mr Muthukrishna may not apply for review of the cancellation order for 18 months. (3) Mr Muthukrishna is to pay the Health Care Complaints Commission's costs of these proceedings pursuant to clause 13(1) of Schedule 5D of the Health Practitioner Registration National Law (NSW) as agreed or as assessed under the Legal Profession Uniform Law Application Act 2013 (NSW). Catchwords: HEALTH — professional registration and discipline – unsatisfactory professional conduct — professional misconduct —failure to maintain professional boundaries with patient HEALTH— professional registration and discipline – misleading health professional Council at s 150 proceedings — obligation of health practitioner to be candid in dealing with regulators and professional bodies Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64 Health Practitioner Regulation National Law (NSW), ss 3B, 39, 139B(1)(l), 139E, 149C, Sch 5D cl 13 Cases Cited: Director-General, Dept of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 HCCC v Chowdhury [2015] NSWCATOD 65 Health Care Complaints Commission v Attia [2016] NSWCATOD 167 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Lee v Health Care Complaints Commission [2012] NSWCA 80 Patrech v Psychology Board of Australia (no.2) [2023] NSWCATOD 9 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Reshan Muthukrishna (Respondent) Representation: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2022/00362680 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure to any person or entity of the name of Patient A set out in the Schedule to the Complaint is prohibited.