Health Care Complaints Commission v Perera [2018] NSWCATOD 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Perera [2018] NSWCATOD 112 Hearing dates: 28 March 2018 Date of orders: 13 July 2018 Decision date: 13 July 2018 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Professor P Procopis, Senior Member Professor R Allan, Senior Member J Barker, General Member Decision: 1. Dr Suresh Perera ("the practitioner") is reprimanded. 2. The practitioner is to 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 it is asserted practitioner has failed to comply conditions on his registration – where it is asserted practitioner has falsely stated he had complied with conditions – whether conduct constitutes unsatisfactory professional conduct or professional misconduct Legislation Cited: Legal Profession Uniform Law Application Act 2014 (NSW) Health Practitioner Regulation National Law Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Fraser v Health Care Complaints Commission [2015] NSWCA 421 Giudice v Legal Profession Complaints Committee [2014] WASC 115 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Little [2016] NSWCATOD 146 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Parker v Comptroller-General of Customs (2009) ALJR 494; [2009] HCA 7 Prakash v Health Care Complaints Commission [2006] NSWCA 153 R v Byrnes and Hopwood (1995) 183 CLR 501; [1995] HCA 1 Re Dr Than Le (Medical Tribunal 20 September 2001 46) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Suresh Perera (Respondent) Representation: Counsel: I Latham (Applicant) S Barnes (Respondent)