Health Care Complaints Commission v Mohan [2024] NSWCATOD 134

Health Care Complaints Commission v Mohan [2024] NSWCATOD 134

The Tribunal accepted the evidence of Persons A, B and C and rejected the Respondent's suggested bases for fabrication. The proved conduct towards the complainants was inappropriate, disrespectful, improper and unethical, and fell significantly below the standard reasonably expected of a practitioner of equivalent...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 August 2024
Procedural Posture
Occupational Division Disciplinary Complaint Against Medical Practitioner / Principal Judgment on Liability; Protective Orders to Be Determined at a Further Hearing
Outcome
The practitioner was found guilty of professional misconduct and unsatisfactory professional conduct; the proceedings were adjourned for a further hearing on protective orders.
Legal Topics
['medical Practitioner Professional Misconduct' 'unsatisfactory Professional Conduct' 'sexual Harassment in Healthcare Workplace' 'credibility and Fact Finding' 'protective Orders']
['health Practitioner Regulation' 'professional Discipline' 'administrative Law'] ['medical Practitioner Professional Misconduct' 'unsatisfactory Professional Conduct' 'sexual Harassment in Healthcare Workplace' 'credibility and Fact Finding' 'protective Orders']

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Procedural Posture

Occupational Division Disciplinary Complaint Against Medical Practitioner / Principal Judgment on Liability; Protective Orders to Be Determined at a Further Hearing

Legal Issues

  1. 1 ['Whether the Commission proved the particulars of inappropriate conduct towards Persons A, B and C.' 'Whether the proved conduct amounted to unsatisfactory professional conduct under s139B(1)(l) of the Health Practitioner Regulation National Law (NSW).' 'Whether the proved conduct amounted to professional misconduct under s139E of the Health Practitioner Regulation National Law (NSW).' 'Whether the credibility of Persons A, B and C was undermined by alleged inconsistencies, exaggeration, false memories or possible motives to fabricate.']

Ratio Decidendi

The Tribunal accepted the evidence of Persons A, B and C and rejected the Respondent's suggested bases for fabrication. The proved conduct towards the complainants was inappropriate, disrespectful, improper and unethical, and fell significantly below the standard reasonably expected of a practitioner of equivalent training or experience, amounting to unsatisfactory professional conduct. The incidents involving Person A being pulled into the treatment room and Room 41, and the comments on and slapping of Person C's bottom, were sufficiently serious to amount to professional misconduct.

Court Disposition

The practitioner was found guilty of professional misconduct and unsatisfactory professional conduct; the proceedings were adjourned for a further hearing on protective orders.

Orders

  • ['Pursuant to s139E of the Health Practitioner Regulation National Law (NSW), the practitioner is guilty of professional misconduct.' 'Pursuant to s 139B(1)(l) of the Health Practitioner Regulation National Law (NSW) the practitioner is guilty of unsatisfactory professional conduct.' 'The proceedings are to be...