Health Care Complaints Commission v Sundararajah [2017] NSWCATOD 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sundararajah [2017] NSWCATOD 182 Hearing dates: 22 and 23 March 20179 September 2017 (final submissions) Date of orders: 22 December 2017 Decision date: 22 December 2017 Jurisdiction: Occupational Division Before: A Britton, Principal Member Dr T Boland, Senior Member Dr J Ironside, Senior Member Dr C Berglund, General Member Decision: 1. Dr Sundarajah is guilty of professional misconduct.

2. Dr Sundarajah has an impairment within the meaning of s 5 of the Health Practitioner Regulation National Law (NSW).

3. Dr Sundarajah is not competent to practise within the meaning of s 139(a) of the Health Practitioner Regulation National Law (NSW).

4. The matter is listed for a directions hearing on 24 January 2018 at 9:15 am Catchwords: PROFESSIONS AND TRADES — health practitioner — whether contravention of a condition of a health practitioner's registration amounts to professional misconduct

PROFESSIONS AND TRADES — health practitioner — whether practitioner has an impairment — whether practitioner is not competent to practise Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Caladine v Health Care Complaints Commission [2007] NSWCA Forster v Hunter New England Area Health Service [2010] NSWCA 106 Grant v Health Care Complaints Commission [2003] NSWCA 73 Health Care Complaints Commission v Astor-Finn [2016] NSWCATOD 73 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Lindsay v Health Care Complaints Commission [2010] NSWCA 19 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170; (1992) 110 ALR 449 Prakash v HCCC [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Re Dr Tan Than Le (Medical Tribunal decision, 20 September 2001 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant ) Raahulan Sundarajah (Respondent) Representation: Counsel: E Raper (Applicant)