Health Care Complaints Commission v Balafas (No 5) [2021] NSWCATOD 218

Health Care Complaints Commission v Balafas (No 5) [2021] NSWCATOD 218

Because the Tribunal had already found very serious sexual misconduct involving Patient A, Dr Balafas did not admit the proven misconduct, a further recent complaint raised concerns about internal examinations and communication with female patients, and the complaints all involved female patients in their 20s or...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 December 2021
Procedural Posture
Health Professional Registration and Discipline Proceedings / Urgent Interlocutory Application Pending Stage Two Proceedings After Findings of Professional Misconduct
Outcome
Interlocutory conditions imposed on Dr Balafas's registration; costs ordered in favour of the Health Care Complaints Commission.
Legal Topics
['medical Practitioner Registration' 'professional Misconduct' 'interlocutory Suspension or Conditions' 'public Protection' 'informed Consent' 'sexual Misconduct']
['health Law' 'professional Discipline' 'administrative Law'] ['medical Practitioner Registration' 'professional Misconduct' 'interlocutory Suspension or Conditions' 'public Protection' 'informed Consent' 'sexual Misconduct']

Source-derived case record

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Procedural Posture

Health Professional Registration and Discipline Proceedings / Urgent Interlocutory Application Pending Stage Two Proceedings After Findings of Professional Misconduct

Legal Issues

  1. 1 ["Whether the Tribunal should make an interlocutory order suspending Dr Balafas's registration under s 165L(3) of the Health Practitioner Regulation National Law (NSW)." "Alternatively, whether the Tribunal should impose interlocutory conditions on Dr Balafas's registration under s 165L(1) pending Stage Two proceedings." 'Whether conditions limited to internal, breast, or intimate examinations of female patients would be adequate to protect the public interest.']

Ratio Decidendi

Because the Tribunal had already found very serious sexual misconduct involving Patient A, Dr Balafas did not admit the proven misconduct, a further recent complaint raised concerns about internal examinations and communication with female patients, and the complaints all involved female patients in their 20s or 30s, a limited condition confined to intimate or breast examinations was inadequate. Public confidence in professional standards required an interlocutory condition preventing Dr Balafas from treating any female patient except in an emergency pending the Stage Two hearing.

Court Disposition

Interlocutory conditions imposed on Dr Balafas's registration; costs ordered in favour of the Health Care Complaints Commission.

Orders

  • ["Dr Balafas's registration is subject to the condition that he not consult, examine, treat including prescribe to, or perform any procedures on any female." 'The practitioner may only provide emergency medical services to such persons in compliance with section 139C(c) of the Health Practitioner Regulation National...