Health Care Complaints Commission v Naiyer (No 2) [2014] NSWCATOD 58

Health Care Complaints Commission v Naiyer (No 2) [2014] NSWCATOD 58

The respondent's unnecessary physical examination, inappropriate breach of professional boundaries, and nuzzling of a patient's breast were of a most serious kind, particularly having regard to the standards expected of medical practitioners dealing with female patients. The conduct fell within section 139E and Complaint 3 was made out. Given the seriousness of the misconduct and the absence of acknowledgment, contrition, remorse, or assurance that such conduct would not recur, cancellation of registration for 18 months was appropriate.

Jurisdiction
Australia
Judgment Date
06 June 2014
Procedural Posture
Professional Misconduct Complaint Concerning a Registered Medical Practitioner / Decision on Complaint 3 and Consequential Orders After Complaints 1 and 2 Had Previously Been Found Made Out
Outcome
Complaint 3 made out; respondent found guilty of professional misconduct; registration cancelled; costs reserved.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'sexual Misconduct by Medical Practitioner' 'professional Boundaries' 'cancellation of Registration' 'costs Reserved']
['health Law' 'professional Discipline' 'administrative Law'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'sexual Misconduct by Medical Practitioner' 'professional Boundaries' 'cancellation of Registration' 'costs Reserved']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Professional Misconduct Complaint Concerning a Registered Medical Practitioner / Decision on Complaint 3 and Consequential Orders After Complaints 1 and 2 Had Previously Been Found Made Out

Legal Issues

  1. 1 ["Whether the respondent's conduct found in relation to Complaints 1 and 2 amounted to professional misconduct under section 139E of the National Law." 'What consequential orders should be made after all complaints were found made out.']

Ratio Decidendi

The respondent's unnecessary physical examination, inappropriate breach of professional boundaries, and nuzzling of a patient's breast were of a most serious kind, particularly having regard to the standards expected of medical practitioners dealing with female patients. The conduct fell within section 139E and Complaint 3 was made out. Given the seriousness of the misconduct and the absence of acknowledgment, contrition, remorse, or assurance that such conduct would not recur, cancellation of registration for 18 months was appropriate.

Court Disposition

Complaint 3 made out; respondent found guilty of professional misconduct; registration cancelled; costs reserved.

Orders

  • ['The registration of the respondent is cancelled, with effect 28 days from this day.' 'The respondent may not apply for review for 18 months from this day.' 'The Tribunal should undertake any review.' 'Costs are reserved with liberty to apply, which must be exercised within one month of this date.']