Health Care Complaints Commission v Mathad [2018] NSWCATOD 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Mathad [2018] NSWCATOD 20 Hearing dates: 29, 30 November 2017, 1, 4 and 5 December 2017 Date of orders: 16 February 2018 Decision date: 16 February 2018 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr K Arnold, Senior Member Dr G Albert, Senior Member C Gardiner, General Member Decision: The Tribunal having found that Dr Anil Kotilingaiah Mathad (the practitioner) is guilty of professional misconduct confirms the orders made on 5 December 2017 as follows: 1. The Health Care Complaints Commission is to file and serve any further material on which it seeks to rely in respect of the adjourned hearing to determine appropriate protective orders (the Stage 2 proceedings) on or before 14 February 2018. 2. The practitioner is to file and serve any further material on which he seeks to rely in respect of the Stage 2 proceedings on or before 14 March 2018. 3. The matter is listed for the Stage 2 hearing on 11 April 2018 at 10am. Catchwords: PROFESSIONS AND TRADES – Where assertions that practitioner engaged in inappropriate sexual conduct with three patients and two persons – where practitioner concedes his conduct in respect of sending text messages to young person was inappropriate and constitutes unsatisfactory professional conduct – propensity evidence – consideration of whether practitioner not suitable to hold registration Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Health Practitioner Regulation National Law Medical Practice Act 1992 (NSW) (repealed) Cases Cited: Bahramy v Medical Council of NSW [2014] NSWCATOD 116 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34) Chen v Health Care Complaints Commission [2017] NSWCA 186 Clyne v New South Wales Bar Association (1960) 104 CLR 186 Ex Parte Tziniolis; Re the Medical Practitioners Act (1966) 67 SR 488 HCCC v Farrell [2017] NSWCATOD 160 Health Care Complaints Commission v Istephan (No 2) Purnell v Medical Board of Queensland (Court of Appeal Queensland 15 August 1997 (unreported) Zaidi v Health Care Complaints Commission and Another (1998) 44 NSWLR 82 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Anil Kotilingaiah Mathad (Respondent) Representation: Counsel: R Mathur (Applicant) P Atkin (Respondent)