Health Care Complaints Commission v Maman [2024] NSWCATOD 165

Health Care Complaints Commission v Maman [2024] NSWCATOD 165

The Tribunal was comfortably satisfied that Mr Maman's conduct—engaging in an inappropriate intimate and sexual relationship with a former vulnerable patient to whom he had provided care—constituted both unsatisfactory professional conduct and professional misconduct. His conduct breached established professional boundaries, the Code of Conduct, and Standards of Practice for nurses, amounted to an abuse of trust, and justified cancellation of registration and a prohibition order to protect the public.

Parties
Applicant: Health Care Complaints Commission; Respondent: Abhigith Maman
Jurisdiction
Australia
Judgment Date
15 October 2024
Procedural Posture
Professional Disciplinary Proceedings / Final Decision and Orders After Hearing
Outcome
Complaints proven; registration cancelled; prohibition and costs orders made
Legal Topics
Professional Misconduct, Unsatisfactory Professional Conduct, Nursing Regulation, Professional Boundaries, Disciplinary Orders
Health Law Professional Discipline Professional Misconduct Unsatisfactory Professional Conduct Nursing Regulation Professional Boundaries Disciplinary Orders

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Parties

Health Care Complaints Commission

Applicant

Abhigith Maman

Respondent

Procedural Posture

Professional Disciplinary Proceedings / Final Decision and Orders After Hearing

Legal Issues

  1. 1 Whether Mr Maman is guilty of unsatisfactory professional conduct under s 139B(1)(l) of the National Law
  2. 2 Whether Mr Maman is guilty of professional misconduct under s 139E of the National Law
  3. 3 Whether admitted particulars justify findings of unsatisfactory professional conduct and/or professional misconduct

Ratio Decidendi

The Tribunal was comfortably satisfied that Mr Maman's conduct—engaging in an inappropriate intimate and sexual relationship with a former vulnerable patient to whom he had provided care—constituted both unsatisfactory professional conduct and professional misconduct. His conduct breached established professional boundaries, the Code of Conduct, and Standards of Practice for nurses, amounted to an abuse of trust, and justified cancellation of registration and a prohibition order to protect the public.

Court Disposition

Complaints proven; registration cancelled; prohibition and costs orders made

Orders

  • The respondent's registration is cancelled under the National Law, s 149C(1)(b).
  • The respondent cannot seek a review of Order 1 before 12 months from the date of these orders.