Health Care Complaints Commission v Wise [2021] NSWCATOD 143

Health Care Complaints Commission v Wise [2021] NSWCATOD 143

The Tribunal was comfortably satisfied that the practitioner engaged in improper and unethical conduct and conduct significantly below the expected standard by violating professional boundaries with a vulnerable 17 year old client, sending sexualised text messages, giving medication advice outside her competence, conducting an inappropriate bedroom session, inviting the client to her home and engaging in sexual activity, failing to implement an appropriate treatment plan, giving an inappropriate personal gift, and keeping inadequate and false records. The conduct, particularly the sexual conduct and false record, amounted to professional misconduct warranting cancellation if she had still...

Jurisdiction
Australia
Judgment Date
14 September 2021
Procedural Posture
Disciplinary Proceedings Under the Health Practitioner Regulation National Law (nsw) Concerning a Psychologist / Final Determination After Undefended Hearing
Outcome
Complaints established; orders made that the Tribunal would have cancelled the practitioner’s registration if she were still registered, disqualified her from registration as a psychologist for five years, prohibited her from providing health services, and ordered her to pay the HCCC’s costs.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'psychologist Professional Boundaries' 'sexual Relationship With Client' 'clinical Record Keeping' 'prohibition Order' 'costs']
['health Practitioner Regulation' 'professional Discipline' 'administrative Law'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'psychologist Professional Boundaries' 'sexual Relationship With Client' 'clinical Record Keeping' 'prohibition Order' 'costs']

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Procedural Posture

Disciplinary Proceedings Under the Health Practitioner Regulation National Law (nsw) Concerning a Psychologist / Final Determination After Undefended Hearing

Legal Issues

  1. 1 ['Whether the practitioner engaged in improper or unethical conduct in relation to a vulnerable 17 year old client by failing to maintain professional boundaries, giving advice outside scope of practice, failing to implement clear treatment goals, and giving a personal gift.' 'Whether the practitioner’s conduct demonstrated knowledge, skill or judgment, or care exercised, significantly below the standard reasonably expected of a practitioner of equivalent level of training or experience by failing to keep adequate clinical records and making false entries.' 'Whether the proven conduct amounted to professional misconduct sufficiently serious to justify suspension or cancellation of registration.' 'Whether, although the practitioner had surrendered registration, the Tribunal should make orders under s 149C(4) of the National Law and a prohibition order under s 149C(5).' 'Whether the practitioner should pay the Health Care Complaints Commission’s costs.']

Ratio Decidendi

The Tribunal was comfortably satisfied that the practitioner engaged in improper and unethical conduct and conduct significantly below the expected standard by violating professional boundaries with a vulnerable 17 year old client, sending sexualised text messages, giving medication advice outside her competence, conducting an inappropriate bedroom session, inviting the client to her home and engaging in sexual activity, failing to implement an appropriate treatment plan, giving an inappropriate personal gift, and keeping inadequate and false records. The conduct, particularly the sexual conduct and false record, amounted to professional misconduct warranting cancellation if she had still...

Court Disposition

Complaints established; orders made that the Tribunal would have cancelled the practitioner’s registration if she were still registered, disqualified her from registration as a psychologist for five years, prohibited her from providing health services, and ordered her to pay the HCCC’s costs.

Orders

  • ['Pursuant to s 149C (4) (a) of the Health Practitioner Regulation Law (NSW) (the National Law) if Jo Wise (the practitioner) was still registered the Tribunal would have cancelled her registration.' 'Pursuant to s 149C (4) (b) of the National Law the practitioner is disqualified from being registered as a...