Health Care Complaints Commission v Mohan [2024] NSWCATOD 134

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Mohan [2024] NSWCATOD 134 Hearing dates: 5, 6 and 7 August 2024 Date of orders: 29 August 2024 Decision date: 29 August 2024 Jurisdiction: Occupational Division Before: The Hon ADCJ Ainslie-Wallace, Principal Member Dr M Walker, Senior Member Dr K Edwards, Senior Member R Wellington, General Member Decision: 1. Pursuant to s139E of the Health Practitioner Regulation National Law (NSW), the practitioner is guilty of professional misconduct. 2. Pursuant to s 139B(1)(l) of the Health Practitioner Regulation National Law (NSW) the practitioner is guilty of unsatisfactory professional conduct. 3. The proceedings are to be listed for hearing to determine the orders which are necessary to protect the health and safety of the public. The parties are to prepare and deliver to the Registrar within 7 days of these orders an agreed minute of proposed directions for the completion of the matter, following which a further date for hearing will be allocated. Catchwords: HEALTH - Medical Practitioner – professional misconduct - unsatisfactory professional conduct Legislation Cited: Health Practitioner Regulation National Law (NSW), Evidence Act (1995) NSW Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Health Care Complaints Commission v Sare [2018] NSWCATOD 190 Office of Local Government v Toma [2015] NSWCATOD 21 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Muruga Balaji Kandasamy Mohan (Respondent) Representation: Counsel: S Maybury (Applicant) Dr P Dwyer (Respondent)