Health Care Complaints Commission v Dr Nair [2013] NSWMT 19

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Nair [2013] NSWMT 19 Hearing dates: 02/12/2013 Decision date: 02 December 2013 Jurisdiction: Civil Before: Elkaim SC DCJ Dr M Cox Dr J Wright Ms D Robinson Decision: See paragraph 31 Catchwords: Serious criminal conduct, breach of conditions, deregistration Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Health Practitioner Regulation National Law (NSW) (No 86a) Drug Misuse and Trafficking Act 1985 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 General Medical Council v Spackman [1943] AC 627 Lee v Health Care Complaints Commission [2012] NSWCA 80 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Suresh Surendranath Nair (Respondent) Representation: Mr P Strickland SC (Applicant) Mr M Lynch (Respondent) Health Care Complaints Commission (Applicant) Avant Law (Respondent) File Number(s): 40026/12 Publication restriction: Suppression order in relation to the identity of Persons A and F

REASONS FOR DECISION 1The proceedings before the Tribunal are brought by the Health Care Complaints Commission ("the HCCC"). The HCCC seeks resolution of four complaints. They are contained in an Amended Notice of Complaint dated 2 December 2013. 2The respondent has consented to the Tribunal dealing with both the establishment of the complaints and the imposition of protective orders at the same time. 3The Tribunal is acutely aware of the seriousness of the allegations put by the HCCC and the long-reaching effect of the orders open to it. Accordingly it has approached the evidence on the basis of the standard of proof in Briginshaw v Briginshaw (1938) 60 CLR 336.