Health Care Complaints Commission v Mathad [2018] NSWCATOD 20

Health Care Complaints Commission v Mathad [2018] NSWCATOD 20

The Tribunal found that Dr Mathad was guilty of professional misconduct and unsatisfactory professional conduct, established by his inappropriate conduct towards multiple patients and staff members, including persistent sexualised behaviour, breach of professional boundaries and abuse of power, particularly in relation to vulnerable or young women. In addition to his substantiated criminal conviction, the overall course of conduct demonstrated a lack of suitability to hold registration. The proven conduct was of such seriousness as to justify suspension or cancellation of registration.

Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Professional Disciplinary Proceedings / Determination of Allegations and Liability, Orders to Be Considered at a Subsequent Hearing
Outcome
Findings of professional misconduct and unsatisfactory professional conduct made against Dr Anil Kotilingaiah Mathad. Orders made on 5 December 2017 confirmed; further orders to be considered at a later hearing.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'medical Practitioner Regulation' 'sexual Misconduct' 'suitability for Registration' 'criminal Conviction' 'tribunal Procedure']
['health Law' 'administrative Law' 'professional Discipline'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'medical Practitioner Regulation' 'sexual Misconduct' 'suitability for Registration' 'criminal Conviction' 'tribunal Procedure']

Case Brief

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Procedural Posture

Professional Disciplinary Proceedings / Determination of Allegations and Liability, Orders to Be Considered at a Subsequent Hearing

Legal Issues

  1. 1 ['Whether Dr Anil Kotilingaiah Mathad engaged in unsatisfactory professional conduct and/or professional misconduct towards patients and staff' 'Whether the practitioner was guilty of criminal convictions relevant to his fitness to practise' 'Whether the practitioner is a suitable person to hold medical registration']

Ratio Decidendi

The Tribunal found that Dr Mathad was guilty of professional misconduct and unsatisfactory professional conduct, established by his inappropriate conduct towards multiple patients and staff members, including persistent sexualised behaviour, breach of professional boundaries and abuse of power, particularly in relation to vulnerable or young women. In addition to his substantiated criminal conviction, the overall course of conduct demonstrated a lack of suitability to hold registration. The proven conduct was of such seriousness as to justify suspension or cancellation of registration.

Court Disposition

Findings of professional misconduct and unsatisfactory professional conduct made against Dr Anil Kotilingaiah Mathad. Orders made on 5 December 2017 confirmed; further orders to be considered at a later hearing.

Orders

  • ['The Health Care Complaints Commission to file and serve further material for protective orders by 14 February 2018.' 'The practitioner to file and serve any further material for protective orders by 14 March 2018.' 'The matter listed for Stage 2 hearing on 11 April 2018 at 10am.']