Tribunal reprimands surgeon for unprofessional conduct

24 Nov 2015

The Queensland Civil and Administrative Tribunal (QCAT) has reprimanded Dr Chitrakanti Kapadia, a specialist surgeon for unprofessional conduct, for failing to disclose information to the Medical Board of Australia (Board) when applying to renew his medical registration.

The Board alleged that Dr Kapadia had failed to advise AHPRA and the Board that he was being investigated by the General Medical Council (GMC) in the United Kingdom when he had applied to renew his registration in Australia.

Dr Kapadia was first registered in Australia to practise as the Director of Surgery at the Mt Isa Hospital in around December 2010.

Dr Kapadia learned that he was being investigated by the GMC in January 2012.

On 1 February 2013, Dr Kapadia applied to renew his limited registration and answered “yes” to the question on the application form which asked:

‘Have you previously disclosed to AHPRA all known complaints made about you to: a registration authority, or another entity having functions relating to professional services provided by health practitioners or the regulation of health practitioners (in Australia or elsewhere)?’

In March 2013 Dr Kapadis applied for specialist registration, which was granted on 15 July 2013 and due for renewal by 30 September, to align with the renewal date for most medical practitioners. The integrity of his initial application for specialist registration was not in doubt.

On 24 July 2013, Dr Kapadia applied online to renew his specialist registration. Dr Kapadia answered “N/A” in response to a question which asked:

Have you previously disclosed to AHPRA all known complaints made about you to a registration authority, or another entity having functions relating to professional services provided by health practitioners or the regulation of health practitioners?

In the disciplinary proceedings before QCAT, Dr Kapadia accepted that his initial answer to the first question was false, and that his subsequent answer in the online application was misleading.

Dr Kapadia advised AHPRA on behalf of the Board of the GMC investigation in August 2013. The Board accepted that Dr Kapadia had previously been under the impression that the GMC would inform AHPRA about the investigation.

QCAT found that Dr Kapadia had engaged in unprofessional conduct, reprimanded him and ordered him to pay the Board’s costs. However, QCAT noted that the conduct did not involve deliberate or covert concealment of facts in order to obtain registration.

The reasons for the tribunal’s decision are published on Austlii.