HCCC v Perera [2009] NSWMT 10

New South Wales Medical Tribunal

CITATION : HCCC v Perera [2009] NSWMT 10 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission (Complainant) Derrick Perera (Respondent) FILE NUMBER(S) : 4002 of 2009 CORAM: Johnstone, DCJ - Yeo, Dr G - Hely, Dr J - Glass, Assoc Prof A CATCHWORDS: PROFESSIONAL MISCONDUCT - during a professional consultation with a female patient in his surgery, the Respondent doctor touched her in an inappropriate manner, including the placing of his tongue on her lips, and spoke to her in an inappropriate manner - professional misconduct requiring a reprimand and the imposition of conditions on his registration to minimise the risk of recurrence LEGISLATION CITED: Medical Practice Act 1992 Civil Procedure Act 2005: s 3 Briginshaw v Briginshaw [1938] HCA 34; CASES CITED: HCCC v Karalasingham [2007] NSWCA 267 at [67]; NSW v Stanley [2007] NSWCA 330 at [24]; Ohn v Walton (1995) 36 NSWLR 77 at 79 DATES OF HEARING: 10 and 11 August 2009 DATE OF JUDGMENT: 23 September 2009 Mr I Bourke of counsel for the Complainant LEGAL REPRESENTATIVES: Instructed by Ms Lewis, HCCC Mr R P Greenhill SC for the Respondent Instructed by Mr J Kamaris, Avant Law Pty Ltd ORDERS: 1. The Respondent doctor is reprimanded; 2. The Respondent doctor is to pay the Complainant's costs of these proceedings, on the ordinary basis as defined in s 3 of the Civil Procedure Act 2005; 3. The conditions set out in the Annexure are to be placed on the Respondent doctor's registration. The NSW Medical Board (the Board) is the appropriate review body for the purposes of the review of these conditions and it may remove or vary the conditions at such times and in such ways as it considers appropriate.