Health Care Complaints Commission v Dr Basavaraj Vastrad [2011] NSWMT 1

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Basavaraj Vastrad [2011] NSWMT 1 Hearing dates: 22-25 November 2010, 21 December 2010 Decision date: 15 February 2011 Before: Staff J - Gordon, Dr R - Ilbery, Dr K - Smith, Mr RJ Decision: 1. Dr Vastrad be reprimanded 2. Dr Vastrad is to pay the HCCC's costs of these proceedings, in respect of complaint one, on the ordinary basis, as defined in Sch 3 of the Civil Procedure Act 2005 3. The HCCC is to pay Dr Vastrad's costs of these proceedings, in respect of complaint two, on the ordinary basis, as defined in Sch 3 of the Civil Procedure Act 2005 4. Pursuant to s 61(1)(c) of the Medical Practice Act, the Tribunal directs the conditions set out in the Annexure are to be placed on Dr Vastrad's registration 5. Pursuant to Clause 6 of Schedule 2 of the Medical Practice Act 1992 the Tribunal has ordered that there be no publication of the names of the patients or of any material capable of identifying the patients. Catchwords: UNSATISFACTORY PROFESSIONAL CONDUCT - failure to request female patient to get dressed after carrying out medical examination - inappropriate contact with patient during consultation - complaint by second patient not established - conditions imposed - practitioner reprimanded. Legislation Cited: Civil Procedure Act 2005 Medical Practice Act 1992 Cases Cited: Bannister v Walton (1993) 30 NSWLR 699 Briginshaw v Briginshaw & Anor (1938) 60 CLR 336 Childs v Walton [1990] NSWCA 41 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 NSW Medical Board v Dinakar [2009] NSWMT 8 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Re Dr Parajuli [2010] NSWMT 3 Saville v Health Care Complaints Commission & Anor [2006] NSWCA 298 William Gayed v Merrilyn Walton NSWCA (31 July 1997, unreported) Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Basavaraj Vastrad (Respondent) Representation: Ms S McNaughton of counsel (Complainant) Health Care Complaints Commission Mr M Ainsworth of counsel (Respondent) Holman Webb Lawyers File Number(s): 40044 of 2009