Health Care Complaints Commission v Karunaratne (No 2) [2018] NSWCATOD 201

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Karunaratne (No 2) [2018] NSWCATOD 201 Hearing dates: 28 November 2018 Date of orders: 21 December 2018 Decision date: 21 December 2018 Jurisdiction: Occupational Division Before: The Hon F Marks Principal Member Dr I Woodhouse Professional Member Dr M Stimpson Professional Member R Kusuma Community Member Decision: Pursuant to the finding of professional misconduct that we have made, we make the following orders; (1) if the respondent were still registered as a dental practitioner, we would have cancelled his registration pursuant to section 149C(4)(a) of the Health Practitioner Regulation National Law (NSW) (2) the respondent is disqualified from being registered as a dental practitioner for a period of 10 years (3) the National Board is asked to record in the National Register the fact that the Tribunal would have cancelled the respondent's registration (4) the respondent is prohibited pursuant to section 149C(5)(a) of the National Law from providing any "health services" as defined by section 5 of the Health Practitioner Regulation National Law (NSW) (5) the respondent is to pay the costs of the applicant assessed in default of agreement Catchwords: Dental practitioner-allegations of predatory sexual conduct-criminal conviction-held constituted professional misconduct-not a fit and proper person for registration as a dental practitioner-if had been registered, registration cancelled-exclusion period 10 years-prohibition against providing health services – costs order made Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Karunaratne [2018] NSWCATOD 137 Briginshaw v Briginshaw [1938] HCA 34; (1983) 60 CLR 336 Health Care Complaints Commission v Cheng [2017] NSWCATOD 51 Health Care Complaints Commission v Cheng (No 2) [2017] NSWCATOD 93 A Solicitor v The Council of the Law Society of New South Wales [2004] HCA 1 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Tusitha Karunaratne (Respondent) Representation: Counsel: P Strickland SC (Applicant)