Health Care Complaints Commission v Mathad (No 3) [2018] NSWCATOD 100

Health Care Complaints Commission v Mathad (No 3) [2018] NSWCATOD 100

The practitioner's established professional misconduct, including serious inappropriate conduct toward patients and persons at the practice, gross abuse of power toward a vulnerable minor, a criminal conviction, limited insight and lack of true remorse, required cancellation of registration for protection of the public. A two year period before applying for re-instatement was appropriate because it reflected the seriousness of the conduct, public protection, deterrence, the need for insight and remediation, while also allowing for elapsed time, evidence from referees about later conduct, and the practitioner's relative youth and limited general practice experience at the relevant time. As...

Jurisdiction
Australia
Judgment Date
28 June 2018
Procedural Posture
Occupational Division Disciplinary Proceedings Concerning a Registered Medical Practitioner / Stage 2 Determination of Protective Orders and Costs After Findings of Professional Misconduct
Outcome
Registration cancelled; practitioner precluded from applying for re-instatement for two years; costs awarded to the Health Care Complaints Commission.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'cancellation of Medical Registration' 're Instatement Non Review Period' 'protective Orders' 'sexual Misconduct and Boundary Violations' 'costs in Disciplinary Proceedings']
['health Practitioner Regulation' 'professional Discipline' 'administrative Law' 'costs'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'cancellation of Medical Registration' 're Instatement Non Review Period' 'protective Orders' 'sexual Misconduct and Boundary Violations' 'costs in Disciplinary Proceedings']

Case Brief

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Procedural Posture

Occupational Division Disciplinary Proceedings Concerning a Registered Medical Practitioner / Stage 2 Determination of Protective Orders and Costs After Findings of Professional Misconduct

Legal Issues

  1. 1 ["Whether the practitioner's professional misconduct required cancellation of his registration." 'Whether an order should be made precluding the practitioner from applying for a re-instatement order and, if so, for what period.' "Whether the practitioner should pay the Health Care Complaints Commission's costs."]

Ratio Decidendi

The practitioner's established professional misconduct, including serious inappropriate conduct toward patients and persons at the practice, gross abuse of power toward a vulnerable minor, a criminal conviction, limited insight and lack of true remorse, required cancellation of registration for protection of the public. A two year period before applying for re-instatement was appropriate because it reflected the seriousness of the conduct, public protection, deterrence, the need for insight and remediation, while also allowing for elapsed time, evidence from referees about later conduct, and the practitioner's relative youth and limited general practice experience at the relevant time. As...

Court Disposition

Registration cancelled; practitioner precluded from applying for re-instatement for two years; costs awarded to the Health Care Complaints Commission.

Orders

  • ['The registration of Dr Anil Kotilingaiah Mathad (the practitioner) is cancelled.' 'The practitioner is precluded from applying for a re-instatement order under s 163A of the Health Practitioner Regulation National Law (NSW) for a period of two (2) years from the date of these orders.' 'The Registrar is requested...