Health Care Complaints Commission v Ghougassian [2021] NSWCATOD 169

Health Care Complaints Commission v Ghougassian [2021] NSWCATOD 169

The respondent’s conduct as particularised in Complaints One to Four, including improper photographing and filming of patients (including minors) without adequate consent or privacy measures, inadequate record-keeping, and failure to provide appropriate clinical justifications and safeguards, amounts to...

Source-derived case information.

Parties
Applicant: Health Care Complaints Commission; Respondent: Daniel Ghougassian
Jurisdiction
Australia
Judgment Date
29 October 2021
Procedural Posture
Disciplinary Proceedings / Merits Hearing and Findings; Proceedings Adjourned for Submissions on Sanctions
Outcome
Complaints One to Four of unsatisfactory professional conduct established; Complaint Five (professional misconduct) not established.
Legal Topics
Unsatisfactory Professional Conduct, Professional Misconduct, Photographing and Filming Patients, Consent in Medical Practice, Record Keeping Obligations, Medical Practitioner Discipline
Health Law Professional Discipline Unsatisfactory Professional Conduct Professional Misconduct Photographing and Filming Patients Consent in Medical Practice Record Keeping Obligations Medical Practitioner Discipline

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Parties

Health Care Complaints Commission

Applicant

Daniel Ghougassian

Respondent

Procedural Posture

Disciplinary Proceedings / Merits Hearing and Findings; Proceedings Adjourned for Submissions on Sanctions

Legal Issues

  1. 1 Whether the respondent engaged in unsatisfactory professional conduct under the National Law and related regulations
  2. 2 Whether the respondent's conduct constituted professional misconduct
  3. 3 Whether the photographing and filming of minors and adult patients without adequate consent or clinical need is contrary to professional standards

Ratio Decidendi

The respondent’s conduct as particularised in Complaints One to Four, including improper photographing and filming of patients (including minors) without adequate consent or privacy measures, inadequate record-keeping, and failure to provide appropriate clinical justifications and safeguards, amounts to unsatisfactory professional conduct as defined under the National Law and relevant regulations. However, the combined and cumulative effect of these established instances does not rise to the threshold of professional misconduct justifying suspension or cancellation of registration.

Court Disposition

Complaints One to Four of unsatisfactory professional conduct established; Complaint Five (professional misconduct) not established.

Orders

  • The conduct of the respondent satisfies the definition of unsatisfactory professional conduct as particularised in Complaints One to Four inclusive.
  • The proceedings be adjourned part heard until December 10, 2021, or until such earlier date as may become available for the hearing of submissions concerning the imposition of any disciplinary sanctions.