Health Care Complaints Commission v Muthukrishna [2023] NSWCATOD 110

Health Care Complaints Commission v Muthukrishna [2023] NSWCATOD 110

The admitted conduct of having a sexual relationship with a patient and misleading the Council about clinical records, individually and together, amounted to unsatisfactory professional conduct and professional misconduct within the meaning of s 139B(1)(l) and s 139E of the Health Practitioner Regulation National Law (NSW), justifying cancellation of registration and a non-review period as protective orders.

Jurisdiction
Australia
Judgment Date
28 July 2023
Procedural Posture
Disciplinary Proceeding / Final Orders
Outcome
Registration cancelled; costs awarded; non-review period imposed
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'professional Boundaries' 'misleading Regulators' 'disciplinary Sanctions' 'costs']
['health Law' 'professional Regulation'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'professional Boundaries' 'misleading Regulators' 'disciplinary Sanctions' 'costs']

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Procedural Posture

Disciplinary Proceeding / Final Orders

Legal Issues

  1. 1 ['Did Mr Muthukrishna engage in unsatisfactory professional conduct by failing to maintain professional boundaries with Patient A?' 'Did Mr Muthukrishna engage in unsatisfactory professional conduct by misleading the Council regarding clinical records?' 'Does the conduct amount to professional misconduct justifying suspension or cancellation?']

Ratio Decidendi

The admitted conduct of having a sexual relationship with a patient and misleading the Council about clinical records, individually and together, amounted to unsatisfactory professional conduct and professional misconduct within the meaning of s 139B(1)(l) and s 139E of the Health Practitioner Regulation National Law (NSW), justifying cancellation of registration and a non-review period as protective orders.

Court Disposition

Registration cancelled; costs awarded; non-review period imposed

Orders

  • ["Mr Muthukrishna's registration as a physiotherapist is cancelled pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW)." 'Mr Muthukrishna may not apply for review of the cancellation order for 18 months pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW).' "Mr...