Health Care Complaints Commission v Priyamanna No 2 [2016] NSWCATOD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Priyamanna No 2 [2016] NSWCATOD 3 Hearing dates: 18 December 2015 Date of orders: 13 January 2016 Decision date: 13 January 2016 Jurisdiction: Occupational Division Before: Boland J ADCJ (Deputy President) Dr A Reid (Professional Member) Dr L Cotterell (Professional Member) Ms B Radcliffe (Lay Member) Decision: 1. Pursuant to s 149C of the Health Practitioner Regulation National Law (NSW) ("the National Law") the registration of Dr Naleen Keethi Priyamanna ("the practitioner") is cancelled from the date of this order. 2. Pursuant to s 149C (7) the practitioner may not make any application to the Tribunal for review of Order 1 of these orders for a period of two years from the date of this order. 3. The Registrar is requested as soon as practicable to notify the Medical Council of NSW and the Australian Health Practitioner Regulation Agency of Orders 1 and 2 of these orders. 4. The practitioner shall pay the Health Care Complaints Commission's costs of and incidental to these proceedings as agreed and failing agreement liberty to restore to the list. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal Act 2013 (NSW) Where practitioner found guilty of unsatisfactory professional conduct and professional misconduct. Where conduct warrants cancellation of the practitioner's registration. Consideration of an appropriate period before the practitioner can apply for re-instatement to the register of Medical Practitioners. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: HCCC v Baez (No 2) [2014] NSWCATOD 26 HCCC v Do [2014] NSWCA 307 HCCC v King [2013] NSWMT 9 HCCC v Litchfield [1997] NSWSC 207; 41 NSWLR 630 HCCC v Ng [2015] NSWCATOD 139 HCCC v Priyamanna [2015] NSWCATOD 138 HCCC v Qasim [2015] NSWCA 28 Lee v HCCC [2012] NSWCA 80 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Naleen Keerthi Priyamanna (Respondent) Representation: Counsel: W Hunt (Applicant) P Strickland SC (Respondent)