Health Care Complaints Commission v Dr Sudath

[2013] NSWMT 2

Medical Tribunal

New South Wales

Medium Neutral Citation:	Health Care Complaints Commission v Dr Sudath [2013] NSWMT 2
Hearing dates:	18/02/2013-21/02/2013
Decision date:	22 February 2013
Jurisdiction:	Civil
Before:	Elkaim SC DCJ Dr K Ilbery Dr V de Carvalho Ms C Berglund (PhD)
Decision:	Direct the deregistration of Dr Sudath
Catchwords:	Doctor convicted of serious offences. Unsuccessful challenge to the facts of the offences.
Legislation Cited:	Crimes Act 1900 Health Practitioner Regulation National Law (NSW) (No 86a) Medical Practice Act 1992
Cases Cited:	Briginshaw v Briginshaw (1938) 60 CLR 336 General Medical Council v Spackman [1943] AC 627 Sudath v R [2008] NSWCCA 207 Sudath v HCCC [2012] NSWCA 171
Category:	Principal judgment
Parties:	Health Care Complaints Commission (Applicant) Dr Aron Kondasinghe Sudath (Respondent)
Representation:	P M Strickland SC and E Brus (Applicant) P R Boulten SC and M G Ainsworth (Respondent) Health Care Complaints Commission (Applicant) TressCox Lawyers (Respondent)
File Number(s):	400204/2008
Publication restriction:	Yes

Judgment

Introduction

1. The proceedings before the Tribunal are brought by the Health Care Complaints Commission (the "HCCC"). The HCCC seeks resolution of two complaints. For convenience the Further Amended Notice of Complaint is annexed to this decision.

1. The respondent has consented to the Tribunal dealing with both the establishment of the complaints and, if proved, the imposition of protective orders.

1. The Tribunal is acutely aware of the seriousness of the allegations put by the HCCC and the long reaching effect of the orders open to it. Accordingly it has approached the evidence on the basis of the standard of proof prescribed in Briginshaw v Briginshaw (1938) 60 CLR 336.

Some background

1. The respondent, Dr Aron Kondasinghe Sudath, was born in 1967 in Sri Lanka. He came to Australia in 1991 and commenced study at the University of Adelaide with the benefit of a scholarship. He graduated in

1996 with the double degrees of MBBS and BSc. The respondent was first registered as a medical practitioner in South Australia in November 1996. He then practised in various parts of Australia. He was also registered in the United Kingdom.

1. The respondent's name in university documents was recorded as Aruna Sudath Kondasinghe or, another occasion, as Aron Sudath Kondasinghe. His registered name in the United Kingdom is Aron Sudath Kondasinghe. His recently obtained masters degree is in the name of Dr Aron Kondasinghe (Exhibit 5).

1. The respondent first married in December 1996. The marriage did not last very long. The parties separated after about a year. The respondent said he had never received any official divorce papers but he feels certain that he is divorced.

1. In March 2003 the respondent and a Ms A, also a person of Sri Lankan origin, were married in a Sri Lankan ceremony. They met and lived in Australia. This was not a marriage performed under Australian law but for all intents and purposes Ms A became the respondent's wife. The relationship bore a son, B, in January 2004.

The complaints

1. The complaints arise from two incidents in New South Wales in…