Health Care Complaints Commission of New South Wales v Dr Melvin Muralidharan [2010] NSWMT 1

Health Care Complaints Commission of New South Wales v Dr Melvin Muralidharan [2010] NSWMT 1

The Hornsby locum allegation was not proved because the Tribunal was not satisfied that the respondent had received the relevant policy or knew of the requirement for approval. The Queensland application allegation was proved because the respondent knew or must have known that an HCCC investigation remained on foot and that his answer denying preliminary investigations or action was false or misleading. The conditions-breach complaint was proved as professional misconduct because the respondent deliberately disregarded Board-imposed conditions requiring Board-approved supervised employment, commenced and continued work without proper approval or supervision, and worked unsupervised at...

Jurisdiction
Australia
Judgment Date
08 March 2010
Procedural Posture
Complaints Under the Medical Practice Act 1992 Before the Medical Tribunal of New South Wales / Decision and Orders After Hearing
Outcome
Complaints partly proved; the respondent was found guilty of unsatisfactory professional conduct in relation to the false and/or misleading statement to the Queensland Medical Board and professional misconduct in relation to breaches of registration conditions, and was deregistered.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'medical Registration Conditions' 'false or Misleading Registration Statement' 'supervised Medical Practice' 'deregistration']
['health Law' 'medical Disciplinary Law' 'administrative Law'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'medical Registration Conditions' 'false or Misleading Registration Statement' 'supervised Medical Practice' 'deregistration']

Case Brief

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Procedural Posture

Complaints Under the Medical Practice Act 1992 Before the Medical Tribunal of New South Wales / Decision and Orders After Hearing

Legal Issues

  1. 1 ['Whether the respondent engaged in unsatisfactory professional conduct by taking a locum appointment at Hornsby Hospital between 13 and 15 May 2005 without proper authorisation while suspended on full pay from Maitland Hospital.' 'Whether the respondent made a false and/or misleading statement on 24 October 2005 in his application for registration with the Queensland Medical Board by stating that he was not the subject of any preliminary investigations or action that might lead to disciplinary proceedings.' 'Whether the respondent breached conditions on his registration by commencing work at St George Hospital and Shoalhaven District Memorial Hospital without prior approval of the NSW Medical Board and without Board-approved supervision.' "Whether the respondent's conduct at Shoalhaven Hospital, including leaving the hospital while on call and leaving his pager or phone unattended, demonstrated conduct significantly below the standard reasonably expected of a medical practitioner or improper or unethical conduct." 'What disciplinary orders should be made.']

Ratio Decidendi

The Hornsby locum allegation was not proved because the Tribunal was not satisfied that the respondent had received the relevant policy or knew of the requirement for approval. The Queensland application allegation was proved because the respondent knew or must have known that an HCCC investigation remained on foot and that his answer denying preliminary investigations or action was false or misleading. The conditions-breach complaint was proved as professional misconduct because the respondent deliberately disregarded Board-imposed conditions requiring Board-approved supervised employment, commenced and continued work without proper approval or supervision, and worked unsupervised at...

Court Disposition

Complaints partly proved; the respondent was found guilty of unsatisfactory professional conduct in relation to the false and/or misleading statement to the Queensland Medical Board and professional misconduct in relation to breaches of registration conditions, and was deregistered.

Orders

  • ['The respondent is deregistered on and from the date of this Decision.' 'The respondent is not to apply for re-registration as a medical practitioner for 12 months from the date of this Decision.']