Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173

Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173

Complaint One was made out because the agreed facts established that on 3 March 2017 the practitioner was made the subject of a criminal finding that common assault contrary to s 61 of the Crimes Act 1900 (NSW) was proven. Complaint Three was made out because the practitioner failed to notify the National Board...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 November 2019
Procedural Posture
Application for Disciplinary Findings and Orders Against a Registered Medical Practitioner / Principal Judgment Following Hearing
Outcome
Complaint One and Complaint Three were made out; Complaint Two was withdrawn; the practitioner was cautioned in relation to Complaint One and no protective order was made in relation to Complaint Three.
Legal Topics
['medical Practitioner Disciplinary Action' 'criminal Finding for Common Assault' 'failure to Notify National Board of Charge and Finding of Guilt' 'unsatisfactory Professional Conduct' 'protective Orders']
['health Practitioner Regulation' 'professional Discipline' 'criminal Law'] ['medical Practitioner Disciplinary Action' 'criminal Finding for Common Assault' 'failure to Notify National Board of Charge and Finding of Guilt' 'unsatisfactory Professional Conduct' 'protective Orders']

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Procedural Posture

Application for Disciplinary Findings and Orders Against a Registered Medical Practitioner / Principal Judgment Following Hearing

Legal Issues

  1. 1 ['Whether the practitioner had been made the subject of a criminal finding for an offence within s 144(a) of the Health Practitioner Regulation National Law (NSW).' 'Whether the practitioner contravened s 130 of the Health Practitioner Regulation National Law (NSW) by failing to give written notice to the National Board within 7 days of being charged with an offence punishable by 12 months imprisonment or more and within 7 days of being the subject of a finding of guilt for an offence punishable by imprisonment.' 'Whether a contravention of s 130 constituted unsatisfactory professional conduct under s 139B(1)(b) of the Health Practitioner Regulation National Law (NSW).' 'What protective order, if any, should be made.']

Ratio Decidendi

Complaint One was made out because the agreed facts established that on 3 March 2017 the practitioner was made the subject of a criminal finding that common assault contrary to s 61 of the Crimes Act 1900 (NSW) was proven. Complaint Three was made out because the practitioner failed to notify the National Board within 7 days of being charged and within 7 days of the finding of guilt, thereby contravening s 130 of the National Law; that contravention was unsatisfactory professional conduct under s 139B(1)(b) and the Tribunal had no discretion to characterise it otherwise. Because the practitioner relied on wrong legal advice, notified AHPRA reasonably promptly after receiving correct...

Court Disposition

Complaint One and Complaint Three were made out; Complaint Two was withdrawn; the practitioner was cautioned in relation to Complaint One and no protective order was made in relation to Complaint Three.

Orders

  • ['The practitioner is cautioned with respect to the conduct the subject of Complaint One.' "The disclosure to any person or entity of the name of the practitioner's son or the name of the practitioner's wife is prohibited." 'Any application for costs must be filed and served upon the other party within 14 days of...