Health Care Complaints Commission v Wijetunga [2024] NSWCATOD 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Wijetunga [2024] NSWCATOD 25 Hearing dates: 20 February 2024 Date of orders: 11 March 2024 Decision date: 11 March 2024 Jurisdiction: Occupational Division Before: Balla ADCJ, Principal Member Prof J Saunders, Senior Member Dr S Cowap, Senior Member D Telford, General Member Decision: 1. Dr Wijetunga's registration is cancelled with immediate effect. 2. Dr Wijetunga may not make an application for review under Division 8 of Part 8 of the National Law for a period of two years from the date of these orders. 3. Dr Wijetunga is prohibited from providing a health service as defined by s 4 of the Health Care Complaints Act 1993 (NSW) until such time as he is permitted to register as a medical practitioner. 4. Dr Wijetunga is to pay the costs of the Health Care Complaints Commission. Catchwords: OCCUPATIONS — medical practitioners — criminal charges — criminal convictions — impairment by methamphetamine use disorder — suitability — protective orders Legislation Cited: Health Care Complaints Act 1993 (NSW), s 4 Health Practitioner Regulation National Law (NSW), ss 3, 3A, 5, 55, 130, 139B, 149C, 165J, Schedule 5D Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Caladine v The Commissioner, New South Wales Health Care Complaints Commission [2007] NSWCA 362 Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v New South Wales Bar Association (1960) 104 CLR 186 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Astor-Finn [2016] NSWCATOD 73 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v De Lore [2020] NSWCATOD 72 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v FLJ [2023] NSWCATOD 7 Health Care Complaints Commission v Geary [2018] NSWCATOD 15 Health Care Complaints Commission v Holbrook [2019] NSWCATOD 146 Health Care Complaints Commission v Kazeme [2020] NSWCATOD 25 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Morris [2022] NSWCATOD 120 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Shipley [2020] NSWCATOD 128 New South Wales Bar Association v Meakes [2006] NSWCA 340 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Warnakulasooriya Patabandige Ruwantha Wijetunga (Respondent) (No Appearance) Representation: Solicitors: M Rogers (Health Care Complaints Commission) (Applicant) Respondent (Self-Represented) File Number(s): 2023/00236493 Publication restriction: Nil