NCAT found GP Dr Kulanayagam Sathiyapal engaged in serious misconduct—sexual boundary breaches toward a patient, unsafe benzodiazepine prescribing, poor records, and a $5,000 payment after being confronted. Final disciplinary orders are still to be decided, but the Tribunal’s focus is protecting the public.
Background
- Case: Health Care Complaints Commission v Sathiyapal [2024] NSWCATOD 14
- Decision date: 5 Feb 2024 (findings made; penalty to follow after further submissions).
- Setting: NSW Civil and Administrative Tribunal (Occupational Division).
Who is Dr Sathiyapal?
A general practitioner (FRACGP 2014). He completed his medical degree in Sri Lanka in 1994, migrated to Australia in 2002, and worked in multiple group practices across WA, VIC and NSW. He saw Patient A (2016–2019) and Person B (2019–2020) at Ropes Crossing.
What were the complaints against Dr Sathiyapal?
The Tribunal found the following (in plain English):
- Sexual boundary breaches & inappropriate comments toward Patient A:
- Said things like “leave your partner and come with me to Perth” and “I’ll pay for your services”.
- On 10 Feb 2019, told Patient A she was “dressed up” for him and wanted to take her photo.
- Put his hand inside her top and grabbed her left breast without clinical reason.
- $5,000 payment after confrontation:
- When Person B confronted him on 10 Feb 2019, the Tribunal accepted that Dr Sathiyapal transferred $5,000 to Patient A’s bank account and asked them not to go to the police.
- The Tribunal rejected his alternative explanations and found his later denial to the HCCC false and misleading.
- Unsafe/illegal prescribing and poor records (Patient A & Person B):
- Inappropriately prescribed alprazolam (Xanax) many times without proper assessment, against guidelines, and without the required NSW authority for a drug-dependent person.
- Sometimes prescribed with tramadol (an opioid)—a dangerous combination.
- Poor records, including saying he had an “in-date authority” when he didn’t, recording examinations he did not perform, and leaving out key medications in referrals.
What did the authorities do to protect the public from Dr Sathiyapal?
- Findings: NCAT found unsatisfactory professional conduct (Complaint One) and professional misconduct (Complaint Two).
- Next steps set by NCAT (as of 5 Feb 2024): A timetable for both sides to file material on what disciplinary orders should be made. Final orders (e.g., conditions, suspension or cancellation) will follow.
- Purpose: The Tribunal stressed its role is protective, not punitive—to maintain professional standards and public safety.
- Privacy: NCAT prohibited publication of Patient A and Person B’s names.
What can patients impacted by Dr Sathiyapal do?
- Prioritise health: See your GP/specialist to review medications (especially benzodiazepines/opioids) and plan any treatment.
- Get your records: Ask the clinic/hospital/pharmacy for your full file, scripts, referral letters, imaging, and dispensing history.
- Write a timeline: Dates of visits, what was said/done, symptoms, and costs.
- Keep evidence: Bank statements, messages, photos, Medicare and pharmacy printouts.
- Get legal advice early: A medical-negligence lawyer can explain options—complaint, compensation claim, or both.
What are the steps in making a claim against Dr Sathiyapal?
- Free initial review: We discuss what happened and your goals.
- Records & evidence: We obtain medical and pharmacy records and any NCAT/HCCC material.
- Independent expert report: A GP/specialist opines on whether care fell below accepted standards and caused harm.
- Letter of claim & negotiations: We set out the failures and your losses (treatment costs, lost income, care needs, pain and suffering).
- Resolution or court: Most cases settle. If not, we file in court and guide you through each step.
Are there time limits in making a claim against Dr Sathiyapal?
Yes—strict NSW limits apply. As a guide (there are exceptions):
- Negligence claims: usually 3 years from when you first knew (or should have known) your injury was significant and linked to the care.
- Long-stop limit: generally 12 years from the date of the act/omission.
Because time limits can be complex—and shorter in some situations—seek advice as soon as possible.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.