Health Care Complaints Commission v Sciberras [2015] NSWCATOD 146

Health Care Complaints Commission v Sciberras [2015] NSWCATOD 146

The Tribunal found, on the balance of probabilities and to the Briginshaw standard, that Mr Sciberras engaged in unsatisfactory professional conduct and professional misconduct by entering into a sexual relationship with a former client, breaching professional boundaries, making inappropriate personal disclosures, giving gifts to a client, and attempting to influence the withdrawal of a complaint. His conduct was significantly below the standard reasonably expected and was improper and unethical. Given the seriousness of the misconduct, lack of insight, and insufficient remediation, cancellation of registration and a prohibition order were necessary to protect the public.

Jurisdiction
Australia
Judgment Date
15 December 2015
Procedural Posture
Disciplinary Proceedings / Final Determination
Outcome
Mr Sciberras found guilty of unsatisfactory professional conduct and professional misconduct.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'psychologist Conduct' 'sexual Relationship With Former Client' 'boundary Violations' 'professional Standards' 'disciplinary Procedure']
['health Law' 'professional Regulation'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'psychologist Conduct' 'sexual Relationship With Former Client' 'boundary Violations' 'professional Standards' 'disciplinary Procedure']

Case Brief

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Procedural Posture

Disciplinary Proceedings / Final Determination

Legal Issues

  1. 1 ['Whether Mr Sciberras engaged in unsatisfactory professional conduct and professional misconduct as alleged' 'Whether the proven conduct justifies cancellation of registration and prohibition orders' 'Appropriate protective and/or punitive orders under the Health Practitioner Regulation National Law (NSW)']

Ratio Decidendi

The Tribunal found, on the balance of probabilities and to the Briginshaw standard, that Mr Sciberras engaged in unsatisfactory professional conduct and professional misconduct by entering into a sexual relationship with a former client, breaching professional boundaries, making inappropriate personal disclosures, giving gifts to a client, and attempting to influence the withdrawal of a complaint. His conduct was significantly below the standard reasonably expected and was improper and unethical. Given the seriousness of the misconduct, lack of insight, and insufficient remediation, cancellation of registration and a prohibition order were necessary to protect the public.

Court Disposition

Mr Sciberras found guilty of unsatisfactory professional conduct and professional misconduct.

Orders

  • ['Mr Sciberras is reprimanded in the strongest possible terms.' "Cancellation of Mr Sciberras' registration as a psychologist." 'Mr Sciberras is not eligible to apply for review of the decision for two years from the order.' 'Prohibition on providing mental health, community health, or welfare services as defined by...