Health Care Complaints Commission v Sinnathurai (No 3) [2022] NSWCATOD 10

Health Care Complaints Commission v Sinnathurai (No 3) [2022] NSWCATOD 10

Because the Tribunal still had concerns about Dr Sinnathurai's communication style, competence in conducting breast examinations and selective approach to guidelines, protective conditions requiring approved practice arrangements, category C supervision, further training, compliance with RACGP guidelines and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 January 2022
Procedural Posture
Health Professional Registration and Discipline Proceedings Concerning Professional Misconduct / Determination on the Papers of Conditions to Be Imposed on the Respondent's Registration After Stage 2 Suspension Order
Outcome
Conditions imposed on the respondent's registration and respondent ordered to pay the applicant's costs as agreed or assessed.
Legal Topics
['professional Misconduct' 'medical Practitioner Registration' 'conditions on Registration' 'public Protection' 'breast Examinations' 'informed Consent' 'supervision' 'costs']
['health Law' 'administrative Law' 'professional Discipline'] ['professional Misconduct' 'medical Practitioner Registration' 'conditions on Registration' 'public Protection' 'breast Examinations' 'informed Consent' 'supervision' 'costs']

Source-derived case record

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Procedural Posture

Health Professional Registration and Discipline Proceedings Concerning Professional Misconduct / Determination on the Papers of Conditions to Be Imposed on the Respondent's Registration After Stage 2 Suspension Order

Legal Issues

  1. 1 ["What conditions should be imposed on Dr Sinnathurai's registration as a medical practitioner after findings of professional misconduct and suspension." 'Whether further education and training in conducting breast examinations and clinical communication should be required.' 'Whether category B or category C supervision was appropriate.' 'Whether restrictions on breast examinations, a practice monitor, random audits, limits on hours and patient numbers were necessary.' 'Whether costs should be ordered.']

Ratio Decidendi

Because the Tribunal still had concerns about Dr Sinnathurai's communication style, competence in conducting breast examinations and selective approach to guidelines, protective conditions requiring approved practice arrangements, category C supervision, further training, compliance with RACGP guidelines and monitoring machinery were appropriate. More onerous conditions sought by the HCCC, including category B supervision, a blanket ban on breast examinations for asymptomatic women, practice monitors, random audits, reduced hours and patient-number limits, were not necessary on the evidence, particularly given his prior practice under category C supervision without incident or complaint...

Court Disposition

Conditions imposed on the respondent's registration and respondent ordered to pay the applicant's costs as agreed or assessed.

Orders

  • ["Under section 149A(1)(b) and (d) of the Health Practitioner Regulation National Law (NSW), conditions are imposed on the respondent's registration." 'Dr Sinnathurai must obtain Medical Council of NSW approval prior to changing the nature or place of his practice.' 'Dr Sinnathurai must practise only in a group...