Sivathasan v Health Care Complaints Commission [2018] NSWCATOD 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sivathasan v Health Care Complaints Commission [2018] NSWCATOD 115 Hearing dates: 14 May 2018 Date of orders: 23 July 2018 Decision date: 23 July 2018 Jurisdiction: Occupational Division Before: Mullane ADCJ, Principal Member Dr R Barnett, Senior Member Dr V Payne, Senior Member Dr C Berglund, General Member Decision: (1) The appeal is allowed.

(2) The subject matter of the complaint is not proved.

(3) The complaint is dismissed.

(4) The Health Care Complaints Commission must pay one half of the applicant's costs of or incidental to the appeal.

(5) Broadcast or publication of the name or other identifying information without the leave of the Tribunal of the name or other identifying information in relation to the patient referred to in these reasons is prohibited. Catchwords: Professions and Trades- Medical practitioner – disciplinary proceedings- finding of unsatisfactory professional conduct –appeal/review - professional evidence. Legislation Cited: Health Practitioner Regulation National Law (NSW) ("the National Law"); Cases Cited: Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Texts Cited: Nil Category: Principal judgment Parties: Niroshan Sivathasan (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: R Cheney SC (Applicant) M Hammond (Applicant) A Britt (Respondent)