HCCC v McKay [2013] NSWMT 20

HCCC v McKay [2013] NSWMT 20

Dr McKay engaged in inappropriate personal and sexual relationships with two patients, constituting unsatisfactory professional conduct and professional misconduct as defined by the Health Practitioner Regulation National Law (NSW), warranting a 3-year preclusion from re-registration and an order for costs in favour of the HCCC.

Parties
Complainant: Health Care Complaints Commission; Respondent: Dr Michael McKay
Jurisdiction
Australia
Judgment Date
17 December 2013
Procedural Posture
Disciplinary Tribunal Proceedings / Final Judgment/orders
Outcome
Complaints of unsatisfactory professional conduct and professional misconduct proven; protective orders made
Legal Topics
Professional Misconduct, Inappropriate Relationships, Boundary Violations, Medical Practitioner Discipline
Medical Law Professional Discipline Professional Misconduct Inappropriate Relationships Boundary Violations Medical Practitioner Discipline

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Parties

Health Care Complaints Commission

Complainant

Dr Michael McKay

Respondent

Procedural Posture

Disciplinary Tribunal Proceedings / Final Judgment/orders

Legal Issues

  1. 1 Whether Dr McKay engaged in unsatisfactory professional conduct and professional misconduct by pursuing inappropriate personal and sexual relationships with patients
  2. 2 Whether Dr McKay's conduct justified suspension or cancellation of his registration
  3. 3 What protective orders should be imposed

Ratio Decidendi

Dr McKay engaged in inappropriate personal and sexual relationships with two patients, constituting unsatisfactory professional conduct and professional misconduct as defined by the Health Practitioner Regulation National Law (NSW), warranting a 3-year preclusion from re-registration and an order for costs in favour of the HCCC.

Court Disposition

Complaints of unsatisfactory professional conduct and professional misconduct proven; protective orders made

Orders

  • Dr McKay is prohibited from applying to the Medical Council for re-registration as a medical practitioner for 3 years from 17 December 2013.
  • Dr McKay is ordered to pay the HCCC's costs of the proceedings.