HCCC v Karanalu Vinatheya Prakash [2004] NSWMT 10

New South Wales Medical Tribunal

CITATION : HCCC v Karanalu Vinatheya Prakash [2004] NSWMT 10 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission Karanalu Vinatheya Prakash FILE NUMBER(S) : 40004 of 2004 CORAM: Ainslie-Wallace, DCJ - Pasfield, Dr M - Kok, Dr E - Deveson, AO Ms A CATCHWORDS: Practitioner's name removed from the Register - Professional misconduct - Breach of condition of registration Medical Practice Act 1992 (NSW) LEGISLATION CITED: Poisons and Therapeutic Goods Regulations 1994 Health Insurance Act 1973 Poisons Act (NSW) 1966 CASES CITED: Re Dr Than LE, NSWMT, 20 Sept 2001 DATES OF HEARING: 10.11.2004, 11.11.2004 DATE OF JUDGMENT: 17 December 2004 LEGAL REPRESENTATIVES: M Lynch of counsel S Wetmore of counsel ORDERS: Pursuant to Clause 6 of Schedule 2 of the Medical Practice Act 1992 the Tribunal has made a Non Publication Order in respect of the name of the patient referred to in the proceedings.; 1. The respondent's name be removed from the Register of Medical Practitioners; 2. The respondent not be at liberty to apply for his name to be restored to the Register of Medical Practitioners until 17th December 2006; 3. That in relation to the conduct to which particulars 2, 3, 4 and 5 of the Complaint refer, the respondent be cautioned

JUDGMENT:

Medidal Tribunal of New South Wales 17th December 2004 No. 40004 of 2004

BETWEEN Health Care Complaints Commission Complainant Karanalu Vinatheya Prakash Responden t

Deputy Chair : Judge A M Ainslie-Wallace Members: Dr M Pasfield Dr E Kok Ms A Deveson Determination Order: Pursuant to Clause 6 of Schedule 2 of the Medical Practice Act 1992 the Tribunal has made a NonPublication Order in respect of the name of the patient referred to in the proceedings. Introduction This is an application brought by the Health Care Complaints Commission against the respondent, a medical practitioner. The basis of the application is an allegation that the respondent is guilty of unsatisfactory professional conduct and/or professional misconduct within the meaning of sections 36 and 37 of the Medical Practice Act, 1992 .