Health Care Complaints Commission v Mathad (No 3) [2018] NSWCATOD 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Mathad (No 3) [2018] NSWCATOD 100 Hearing dates: By way of written submissions received 13 April 2018 and 10 May 2018 Date of orders: 28 June 2018 Decision date: 28 June 2018 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr K Arnold, Senior Member Dr G Albert, Senior Member C Gardiner, General Member Decision: 1. The registration of Dr Anil Kotilingaiah Mathad (the practitioner) is cancelled. 2. The practitioner is precluded from applying for a re-instatement order under s 163A of the Health Practitioner Regulation National Law (NSW) for a period of two (2) years from the date of these orders. 3. The Registrar is requested to notify the Medical Council of NSW as soon as practicable of Order 1 and 2 of these orders. 4. The practitioner shall pay the costs of the Health Care Complaints Commission of and incidental to these proceedings as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONS AND TRADES – health practitioner – registered medical practitioner – where practitioner has been found guilty of professional misconduct – where interlocutory order made suspending the practitioner's registration – conduct sufficiently serious to require cancellation of the practitioner's registration – consideration of period before practitioner may apply for a re-instatement order Legislation Cited: Health Practitioner Regulation National Law Legal Profession Uniform Law Application Act 2014 (NSW). Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Childs v Walton [1990] NSWCA 41 Dr Antwan Barich and the Medical Practice Act 1992 as amended (Medical Tribunal 8 June 1999) Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v King [2013] NSWMT 9 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Mathad (No 2) [2018] NSWCATOD 97 Health Care Complaints Commission v Mathad [2017] NSWCATOD 183 Health Care Complaints Commission v Mathad [2018] NSWCATOD 20 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Priyamanna (No 2) [2016] NSWCATOD 3 Lee v Health Care Complaints Commission [2012] NSWCA 80 Re Mr Antwan Barich [2001] NSW MT (3 April 2011) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Anil Kotilingaiah Mathad (Respondent) Representation: Counsel: Ms R Mathur (Applicant) Mr P Aitken (Respondent)