The NSW Civil and Administrative Tribunal (NCAT), acting on referral from the Health Care Complaints Commission (HCCC), has found a registered medical practitioner guilty of both unsatisfactory professional conduct and professional misconduct. The finding follows multiple complaints relating to telehealth and in‑person consultations in October 2022 with a female patient (“Patient A”).
Background to the Complaint
- Complaint One concerned the practitioner’s actions during telehealth (13 October) and face‑to‑face (14 October) consultations, specifically failing to properly communicate the results of a CT scan and the diagnosis of bowel malrotation, and neglecting to refer Patient A to a surgeon or update her referral to a gastroenterologist with the relevant scan results.
- Complaint Two focused on inappropriate personal and sexual remarks made during the 14 October consultation, including questions about Patient A’s sexual life and intimate anatomy, unsolicited comments about orgasm and body image, as well as physical gestures such as winking and knee‑patting, all of which the HCCC deemed boundary violations.
- Complaint Three addressed the practitioner’s failure to maintain adequate medical records, in breach of NSW Health Practitioner Regulation requirements.
Collectively, these led to Complaint Four, alleging professional misconduct of sufficient seriousness to warrant suspension or cancellation of registration under section 139E of the National Law.
Admissions and Proceedings
In June 2025, the practitioner filed an amended reply admitting all elements of Complaint One and the record‑keeping failures in Complaint Three. He also admitted making comments broadly consistent with those alleged in Complaint Two, though contesting some of the precise language and denying the wink and knee‑patting allegations in part.
The HCCC’s evidence included Patient A’s statement (dated 7 November 2023), several documentary exhibits, and expert materials submitted by both parties.
Tribunal Findings
NCAT concluded that the practitioner’s conduct fell well below the standards expected of a registered medical practitioner: Failure to inform the patient of diagnostic results, lack of appropriate referrals, boundary‑crossing sexual remarks, physical gestures, and insufficient clinical documentation together amounted to unsatisfactory professional conduct. Further, viewed cumulatively, the conduct rose to the level of professional misconduct justifying suspension or cancellation of registration under section 139E of the National Law.
This decision underscores the Tribunal’s rigorous stance on inadequate clinical communication, boundary violations in patient interactions, and poor record‑keeping. It aligns with recent NCAT rulings that reinforce professional boundaries and the legislative requirement to document all patient consultations thoroughly.
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