Health Care Complaints Commission v Dr Riju Ramrakha [2013] NSWMT 8

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Riju Ramrakha [2013] NSWMT 8 Hearing dates: 4, 5, 6 and 7 February 2013 Decision date: 12 April 2013 Before: Judge P Lakatos SC Dr Susan Messner Dr Saw-Hooi Toh Ms Geri Ettinger Decision: Respondent reprimanded and subjected to conditions. See paragraph [110] for orders. Catchwords: MEDICAL PRACTITIONER - alcohol abuse by practitioner - inappropriate sexual comments in presence of patients - violent, aggressive or threatening behaviour to staff and patients - conducting consultations whilst under influence of alcohol - practice of inappropriate prescription of restricted Schedule 4D and Schedule 8 drugs - adequacy of records kept by practitioner - protective orders and practice conditions. Legislation Cited: Health Practitioner Regulation National Law (National) - Sections 139B, 139B(1), 139E and 139E. Medical Practice Regulation 2003 (repealed) - Schedule 2. Medical Practice Regulation 2008 (repealed) - Schedule 1. Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 HCCC v Litchfield (1997) 41 NSWLR 630 Spicer v New South Wales Medical Board and Others (unreported, 19 February 1981), HCCC v Karalasingham [2007] NSWC 267 A Solicitor v Council of the NSW Law Society [ 2004] HCA 1 Lee v HCCC [2012] NSWCA 90 King v HCCC [2011] NSWCA 253 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Riju Ramrakha (Respondent) Representation: L Fernandez for the Applicant M Lynch for the Respondent Health Care Complaints Commission (Applicant) Holman Webb Lawyers (Respondent) File Number(s): 40004/12 Publication restriction: Restriction on publication of any material that could identify the complainants