Re Dr Paramalingam Lingathas [2006] NSWMT 7

New South Wales Medical Tribunal

CITATION : Re Dr Paramalingam Lingathas [2006] NSWMT 7 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission Dr Paramalingam Lingathas FILE NUMBER(S) : 40016 of 2006 CORAM: Rein, SC DCJ CATCHWORDS: Admissibility of expert reports - applicability of legislative requirements to reports not commissioned by HCCC Health Care Complaints Act 1993, ss 30, 39, 40, 90A, 90B LEGISLATION CITED: Health Legislation Amendment (Complaints) Act 2004 Medical Practice Act 1992, ss 36, 88, Sch 2 cl 1 ASIC v Rich (2005) 218 ALR 764; [2005] NSWCA 152; CASES CITED: Attorney-General's Reference (No 1 of 1988) [1989] AC 971; [1989] 2 WLR 729; Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305; R v Reardon (No 2) (2004) 60 NSWLR 454; [2004] NSWCCA 197 DATES OF HEARING: 24 August 2006 DATE OF JUDGMENT: 14 September 2006 LEGAL REPRESENTATIVES: Ms G Furness (HCCC) Mr M Bozic SC (Dr) ORDERS: See [28].

JUDGMENT: 1 HIS HONOUR: On 30 May 2006, the Professional Standards Committee ("PSC") established to enquire into a Complaint filed against Dr Paramalingam Lingathas, during the hearing of the Complaint rejected the tender of three reports. The Complaint had been filed following the death of Mrs Marie Bentley, upon whom Dr Lingathas had operated in January 2003 at Campbelltown Hospital. The Health Care Complaints Commission ("HCCC"), which had lodged and was prosecuting the Complaint, has appealed against the PSC's decision to this Tribunal under s 88 of the Medical Practice Act 1992 (" MPA "). It was agreed that since the appeal relates to a question of law it is appropriate that the Tribunal be constituted by a Deputy Chairperson of the Tribunal sitting alone, rather than a full bench of four: see s 88(1) MPA . I shall refer to the complaint by Mrs Bentley's husband as "the original complaint" to distinguish it from the formal "Complaint" made by the HCCC against Dr Lingathas: see Exhibit "A" Tab 1.