Health Care Complaints Commission v Karalasingham [2019] NSWCATOD 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Karalasingham [2019] NSWCATOD 23 Hearing dates: 5 and 6 November 2018 Date of orders: 12 February 2019 Decision date: 12 February 2019 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr J Barling, Senior Member Dr K Keenan, Senior Member J Houen, General Member Decision: 1. If Rupasenan Karalasingham (the practitioner) was still registered, the Tribunal would have cancelled his registration under s 149C(4) of the Health Practitioner Regulation National Law (the National Law).

2. The practitioner is precluded under s 149C(7) of the National Law from making an application for review of order 1 of these orders for a period of 18 months from the date of this decision.

3. The Medical Council of NSW is requested to promptly notify the Australian Health Practitioner Regulation Agency (AHPRA) that if the practitioner had been registered the Tribunal would have cancelled his registration under s 149C(4)(a) of the National law and imposed a disqualification period under s 149C(4)(c) of 18 months from the date of this decision.

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 provisions of the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONS AND TRADES – registered health professional – medical practitioner – where practitioner admits he is guilty of unsatisfactory professional conduct – consideration of appropriate protective orders. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Health Practitioner Regulation (New South Wales) Regulation 2010 (repealed) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34.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 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Reid [2018] NSWCATOD 162 Herron v McGregor (1986) 6 NSWLR 246 Hilton v Legal Profession Admission Board [2017] NSWCA 232 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 CLR 445 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mr Rupasenan Karalasingham (Respondent) Representation: Counsel: S Maybury (Applicant) S Barnes (Respondent)