Health Care Complaints Commission v Schmaman [2019] NSWCATOD 82

Health Care Complaints Commission v Schmaman [2019] NSWCATOD 82

Given the admitted conduct amounting to professional misconduct, including aggravated indecent assault of a vulnerable patient, inappropriate personal and prescribing conduct, and inadequate records, cancellation of Dr Schmaman's registration, with prohibition on review for two years, is necessary to protect the public and denounce misconduct; a prohibition order is not warranted as substantial risk was not adequately established.

Parties
Applicant: Health Care Complaints Commission; Respondent: Cedric Schmaman
Jurisdiction
Australia
Judgment Date
30 May 2019
Procedural Posture
Complaint/disciplinary Hearing / Final Orders and Reasons for Decision
Outcome
The respondent's registration is cancelled and he is prohibited from applying for review for two years; costs are awarded to the applicant.
Legal Topics
Professional Misconduct, Unsatisfactory Professional Conduct, Medical Registration, Disciplinary Proceedings, Sexual Assault, Inappropriate Prescribing, Record Keeping
Health Law Professional Regulation Professional Misconduct Unsatisfactory Professional Conduct Medical Registration Disciplinary Proceedings Sexual Assault Inappropriate Prescribing +1 more

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Parties

Health Care Complaints Commission

Applicant

Cedric Schmaman

Respondent

Procedural Posture

Complaint/disciplinary Hearing / Final Orders and Reasons for Decision

Legal Issues

  1. 1 Whether the respondent's registration should be suspended or cancelled due to conviction for aggravated indecent assault, unsatisfactory professional conduct, inappropriate prescribing, inadequate record keeping, and whether the respondent is otherwise not a suitable person to hold registration

Ratio Decidendi

Given the admitted conduct amounting to professional misconduct, including aggravated indecent assault of a vulnerable patient, inappropriate personal and prescribing conduct, and inadequate records, cancellation of Dr Schmaman's registration, with prohibition on review for two years, is necessary to protect the public and denounce misconduct; a prohibition order is not warranted as substantial risk was not adequately established.

Court Disposition

The respondent's registration is cancelled and he is prohibited from applying for review for two years; costs are awarded to the applicant.

Orders

  • The respondent's registration is cancelled.
  • The respondent may not apply for review of Order 1 for two years from the date of this decision.