Health Care Complaints Commission v Muthukrishna [2024] NSWCATOD 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Muthukrishna [2024] NSWCATOD 105 Hearing dates: 6, 7 and 8 May 2024 (last submissions received 24 May 2024) Date of orders: 24 July 2024 Decision date: 24 July 2024 Jurisdiction: Occupational Division Before: Seiden SC DCJ, Deputy President Dr R Boland, Senior Member Dr D Shirley, Senior Member R Wellington, General Member Decision: (1) Pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW), if the practitioner were still registered the Tribunal would have cancelled his registration (pursuant to s 149C(1)(b) of the Health Practitioner Regulation National Law (NSW)). (2) Pursuant to s 149C(4)(b) of the Health Practitioner Regulation National Law (NSW), the practitioner is disqualified from being registered in the health profession (physiotherapy) for three and a half years from the date of this decision. (3) Pursuant to s 149C(4)(c) of the Health Practitioner Regulation National Law (NSW), the National Board is required to record the fact that if the practitioner were still registered, the Tribunal would have cancelled his registration in the National Register kept by the Board. (4) Pursuant to s 149C(5) of the Health Practitioner Regulation National Law (NSW), the practitioner is prohibited from providing a health service for three and a half years or until the Tribunal makes a reinstatement or other order in relation to the practitioner under s 163B of the Health Practitioner Regulation National Law (NSW). (5) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW), an application for review of orders 2 and 4 may not be made until three and a half years from the date of these orders. (6) Pursuant to cl 7 of Sch 5D to the Health Practitioner Regulation National Law (NSW), the name of the Friend (as defined in these reasons for decision) is not to be published. (7) Pursuant to cl 7 of Sch 5D to the Health Practitioner Regulation National Law (NSW), the nature and location of Patient A's employment as referred to in these reasons for decision is not to be published. (8) Within 14 days of this decision, the applicant is to file evidence and submissions in relation to costs including as to the quantum and nature of the costs the applicant is seeking. (9) Within 21 days of this decision, the respondent is to file and serve his submissions in relation to costs. (10) Within 28 days of this decision the applicant is to file and serve a submission in reply in relation to costs. (11) The parties are also to exchange and file within 28 days of this decision submissions in relation to whether the issue of costs may be determined on the papers, pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: HEALTH — Professional registration and discipline — professional misconduct — unsatisfactory professional conduct — failure to maintain professional boundaries with patient — providing false and misleading information — record keeping failure Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) 2009 Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Ex Parte Tziniolis; Re Medical Practitioners Act (1966) 67 SR (NSW) 448 GKN v Medical Council of New South Wales [2024] NSWCATOD 87 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Aref [2018] NSWCATOD 133 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Choi [2017] NSWCATOD 82 Health Care Complaints Commission v Collins [2021] NSWCATOD 132 Health Care Complaints Commission v De Lore [2020] NSWCATOD 72 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Konigson [2021] NSWCATOD 186 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Menz (No 2) [2017] NSWCATOD 172 (No 2) [2019] NSWCATOD 48 Health Care Complaints Commission v Muthukrishna [2023] NSWCATOD 110 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Petros [2019] NSWCATOD 83 Health Care Complaints Commission v Robinson Health Care Complaints Commission v Sare [2018] NSWCATOD 190 Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25 Health Care Complaints Commission v Shrimpton (No 2) [2019] NSWCATOD 48 [2022] NSWCA 164 Jan v Health Care Complaints Commission [2020] NSWCATOD 75 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Texts Cited: Physiotherapy Board of Australia, Code of Conduct for Registered Health Practitioners Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Reshan Muthukrishna (Respondent) Representation: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2024/00029945 Publication restriction: (1) Pursuant to cl 7 of Sch 5D to the Health Practitioner Regulation National Law (NSW), the name of the Friend (as defined in these reasons for decision) is not to be published.