Re the Medical Practice Act 1992 and Dr. Aftab ASLAM [2004] NSWMT 1

Re the Medical Practice Act 1992 and Dr. Aftab ASLAM [2004] NSWMT 1

The practitioner grossly breached his professional duty by giving a vulnerable 16-year-old patient his contact and motel details, implicitly inviting her to attend his motel room, allowing her to shower and eat there, discussing personal matters, massaging her on his bed, and exploiting her by non-consensual sexual intercourse. This conduct was improper and unethical, amounted to professional misconduct within Section 37 of the Medical Practice Act 1992, and was sufficiently serious to justify removal from the Register for protection of the public and maintenance of professional standards.

Jurisdiction
Australia
Judgment Date
05 April 2004
Procedural Posture
Complaint Under the Medical Practice Act 1992 Into Professional Conduct of a Registered Medical Practitioner / Reasons for Determination After Hearing
Outcome
The Tribunal found Dr Aftab Aslam guilty of professional misconduct and ordered removal of his name from the Register of Medical Practitioners of New South Wales.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'doctor Patient Boundaries' 'sexual Misconduct' 'deregistration' 'standard of Proof in Disciplinary Proceedings']
['medical Disciplinary Law' 'professional Regulation'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'doctor Patient Boundaries' 'sexual Misconduct' 'deregistration' 'standard of Proof in Disciplinary Proceedings']

Case Brief

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Procedural Posture

Complaint Under the Medical Practice Act 1992 Into Professional Conduct of a Registered Medical Practitioner / Reasons for Determination After Hearing

Legal Issues

  1. 1 ['Whether the practitioner was guilty of unsatisfactory professional conduct and/or professional misconduct within the meaning of Sections 36 and 37 of the Medical Practice Act 1992.' 'Whether the practitioner inappropriately invited Patient A to his motel room, gave her contact and accommodation details, allowed her to shower and eat in his motel room, discussed personal issues, and had sexual intercourse with her.' "Whether the practitioner's conduct justified removal of his name from the Register of Medical Practitioners of New South Wales."]

Ratio Decidendi

The practitioner grossly breached his professional duty by giving a vulnerable 16-year-old patient his contact and motel details, implicitly inviting her to attend his motel room, allowing her to shower and eat there, discussing personal matters, massaging her on his bed, and exploiting her by non-consensual sexual intercourse. This conduct was improper and unethical, amounted to professional misconduct within Section 37 of the Medical Practice Act 1992, and was sufficiently serious to justify removal from the Register for protection of the public and maintenance of professional standards.

Court Disposition

The Tribunal found Dr Aftab Aslam guilty of professional misconduct and ordered removal of his name from the Register of Medical Practitioners of New South Wales.

Orders

  • ['That the name of Aftab Aslam be removed from the Register of Medical Practitioners of New South Wales.' 'Pursuant to Section 63(5) of the Act, no application for a review of Order (1) be made until the expiration of 4 years from today.' 'That the practitioner pay the costs of the complainant of and incidental to...