Re the Medical Practice Act 1992 and Dr Robert Towndrow [2004] NSWMT 2

Re the Medical Practice Act 1992 and Dr Robert Towndrow [2004] NSWMT 2

Dr Towndrow's admitted inappropriate and sexual relationships with two patients, continued treatment during those relationships, Medicare claims for consultations not for therapeutic purposes, false and misleading information to the President of the Royal Australian and New Zealand College of Psychiatrists, and inappropriate clinical management amounted to gross breaches of the standards expected of a medical practitioner and established professional misconduct of a high order. Given the seriousness of the conduct, deregistration was the only appropriate order, and a five-year bar on applying for review under s 64 (3) was desirable to mark the Tribunal's view of the seriousness of the...

Jurisdiction
Australia
Judgment Date
27 January 2004
Procedural Posture
Complaint Under the Medical Practice Act 1992 Concerning Professional Misconduct / Reasons for Determination and Orders
Outcome
Dr Robert Towndrow was deregistered, with the order operating as an order that he not be reregistered; he may not apply for review for five years and must pay the costs of the proceedings.
Legal Topics
['deregistration' 'professional Misconduct' 'sexual Relationship With Patients' 'medical Practitioner Discipline' 'costs']
['health Law' 'professional Discipline'] ['deregistration' 'professional Misconduct' 'sexual Relationship With Patients' 'medical Practitioner Discipline' 'costs']

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Procedural Posture

Complaint Under the Medical Practice Act 1992 Concerning Professional Misconduct / Reasons for Determination and Orders

Legal Issues

  1. 1 ["Whether Dr Robert Towndrow's admitted conduct constituted professional misconduct." 'Whether deregistration was the appropriate order.' 'Whether an order should be made under s 64 (3) of the Medical Practice Act preventing an application for review for a specified period.' 'Whether Dr Towndrow should pay the costs of the proceedings.']

Ratio Decidendi

Dr Towndrow's admitted inappropriate and sexual relationships with two patients, continued treatment during those relationships, Medicare claims for consultations not for therapeutic purposes, false and misleading information to the President of the Royal Australian and New Zealand College of Psychiatrists, and inappropriate clinical management amounted to gross breaches of the standards expected of a medical practitioner and established professional misconduct of a high order. Given the seriousness of the conduct, deregistration was the only appropriate order, and a five-year bar on applying for review under s 64 (3) was desirable to mark the Tribunal's view of the seriousness of the...

Court Disposition

Dr Robert Towndrow was deregistered, with the order operating as an order that he not be reregistered; he may not apply for review for five years and must pay the costs of the proceedings.

Orders

  • ['Dr Robert Towndrow be deregistered, such order operating pursuant to subs (2) as an order that he not be reregistered.' 'The Tribunal further orders pursuant to s 64 (3) that an application for review of the earlier order may not be made until after the period of five years from today.' 'The Tribunal orders that...