Health Care Complaints Commission v Sathiyapal [2024] NSWCATOD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sathiyapal [2024] NSWCATOD 14 Hearing dates: 5-8 June 2023, 29-31 August 2023, written submissions provided 9 November 2023, 30 November 2023 and 6 December 2023 Date of orders: 5 February 2024 Decision date: 05 February 2024 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Dr J Aitken, Senior Member Dr M Cox, Senior Member D Telford, General Member Decision: Dr Sathiyapal is guilty of unsatisfactory professional conduct as alleged in Complaint One and professional misconduct as alleged in Complaint Two. 1. The Health Care Complaints Commission is to serve on Dr Sathiyapal all of the material upon which it intends to rely, and its written submissions in relation to the disciplinary orders to be made, on or before 23 February 2024. 2. Dr Sathiyapal is to serve upon the Health Care Complaint Commission all of the material upon which he intends to rely, and his written submissions in relation to the disciplinary orders to be made, on or before 29 March 2024. 3. The Health Care Complaints Commission is to serve upon Dr Sathiyapal any material in reply, and any written submissions in reply, on or before 12 April 2024. 4. Both parties are to file in the Tribunal five copies and four USBs containing all of their material and written submissions in relation to the disciplinary orders to be made, on or before 12 April 2024. Catchwords: OCCUPATIONS — Heath practitioners — Misconduct and discipline — Disciplinary proceedings — prescribing — boundary violation — records Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v New South Wales Bar Association (1960) 104 CLR Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Sare [2018] NSWCATOD 190 Reed v Regina [2006] NSWCCA 314 Sullivan v Civil Aviation Authority (2014) 226 FCAFC 93 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Kulanayagam Sathiyapal (Respondent) Representation: Counsel: S Maybury (Applicant) R Rodger (Respondent)