Health Care Complaints Commission v Balasingham [2023] NSWCATOD 174

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Balasingham [2023] NSWCATOD 174 Hearing dates: 6 - 9 November 2023 Date of orders: 28 November 2023 Decision date: 28 November 2023 Jurisdiction: Occupational Division Before: Balla ADCJ, Principal Member Dr J Fogarty, Senior Member Dr J Aitken, Senior Member D Telford, General Member Decision: 1. Dr Balasingham is guilty of unsatisfactory professional conduct in respect of Complaints One and Two. 2. Dr Balasingham is guilty of professional misconduct in respect of Complaint Three. 3. The proceedings are listed for directions in respect of the conduct of the Stage 2 hearing at a date to be determined by the Registrar. Catchwords: OCCUPATIONS – Medical Practitioners – Misconduct and discipline – Unsatisfactory Professional Conduct – Professional misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 40,139B, 139E Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Chen v Health Care Complaints Commission [2017] NSWCA186 Health Care Complaints Commission v Bainbridge [2018] NSWCATOD 169 Health Care Complaints Commission v Daniel [2022] NSWCATOD 104 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66 Parker v Comptroller of Customs ([2009] HCA 7 R v Byrnes (1995) 183 CLR 501 Re A Medical Practitioner and the Medical Practice Act, (NSWMT, 3 September 2007, unrep) Texts Cited: Medical Board of Australia: Good Medical Practice: A Code of Conduct for Doctors in Australia March 2014 8.4 Medical Board of Australia: Guidelines - Sexual Boundaries in the doctor-patient relationship 1.1, 2 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Mohanadas Balasingham (Respondent) Representation: Counsel: I Chatterjee (Applicant) K Smark SC (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Makinson d'Apice Lawyers (Respondent) File Number(s): 2023/00098844 Publication restriction: 1. Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) the publication by any person or entity of the names of the persons set out in the Schedule to the Application (described as Patients A, B and C and Person 1 in these Reasons) is prohibited.