NCAT decision summary: Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65
This article is a summary of the published decision of the NSW Civil and Administrative Tribunal (Occupational Division) in Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65, delivered on 17 June 2020. It contains no information from any other source.
| Parties | Health Care Complaints Commission (applicant); Dr Walid Kesserwani, chiropractor (respondent) |
|---|---|
| Hearing dates | 24 and 25 February 2020 |
| Decision date | 17 June 2020 |
| Tribunal | A Britton, Principal Member; Dr A Downie, Senior Member; Dr H Jenkins, Senior Member; C Gardiner, General Member |
What the complaint concerned
The Commission brought a complaint about Dr Kesserwani's use of platelet rich plasma therapy (PRPT) on patients at his Concord practice between 2014 and 2016. According to the decision, PRPT involves collecting a person's blood, extracting a plasma-rich component and injecting it back into the same person. The complaint also concerned informed consent and clinical record keeping.
The decision records that in December 2016 the Chiropractic Council of NSW had ruled that PRPT falls outside the scope of practice of chiropractors and imposed conditions on Dr Kesserwani's registration, including that he not practise PRPT. The decision states that Dr Kesserwani did not challenge that ruling.
The Tribunal's findings
- Complaint 1 (PRPT outside scope of practice): Dr Kesserwani admitted this complaint. The Tribunal found that the conduct was both improper and unethical. It accepted that he did not deliberately set out to practise outside his scope and did not know PRPT was outside the scope of chiropractic. It found, however, that his actions were reckless because he had made no enquiries of any regulator or professional body before starting PRPT.
- Complaint 2 (informed consent and clinical assessment): Dr Kesserwani denied this complaint. The Tribunal found it not proven.
- Complaint 3 (clinical records): Dr Kesserwani admitted this complaint. The Tribunal found the records were inadequate in a number of material respects.
- Complaint 4 (professional misconduct): The Tribunal found that the conduct in Complaints 1 and 3, individually and together, amounted to professional misconduct.
Orders
The Commission sought a three-month suspension. The Tribunal declined to suspend Dr Kesserwani's registration. In reaching that view it took into account that he had stopped using PRPT after the Council's November 2016 advice, that he had reformed his practice's record keeping from early 2017, and that he had complied with the Council's earlier conditions. The Tribunal ordered that:
- Dr Kesserwani is reprimanded.
- For 12 months, or such longer period as determined by the Chiropractic Council of NSW, conditions are imposed on his registration requiring him to be mentored and to submit to random, unannounced audits of his record keeping and file management at every practice where he provides chiropractic services.
- The Chiropractic Council of NSW is the appropriate review body.
Source: Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65, AustLII, accessed 19 October 2026.