Health Care Complaints Commission v Tan [2016] NSWCATOD 115

Health Care Complaints Commission v Tan [2016] NSWCATOD 115

The Tribunal found, based on admissions and evidence, that the practitioner engaged in repeated acts of indecent assault towards patients, constituting professional misconduct. Comorbid Bipolar 1 Disorder and Narcissistic Personality Disorder rendered the practitioner unfit for medical practice for the foreseeable...

Source-derived case information.

Parties
Applicant: Health Care Complaints Commission; Respondent: Ong Min Tan
Jurisdiction
Australia
Judgment Date
02 September 2016
Procedural Posture
Disciplinary Proceeding / Final Determination
Outcome
Registration cancelled; minimum 5-year disqualification; costs ordered; patient privacy order imposed.
Legal Topics
Medical Practitioner Misconduct, Sexual Assault, Cancellation of Registration, Costs, Patient Privacy
Health Law Professional Discipline Medical Practitioner Misconduct Sexual Assault Cancellation of Registration Costs Patient Privacy

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Parties

Health Care Complaints Commission

Applicant

Ong Min Tan

Respondent

Procedural Posture

Disciplinary Proceeding / Final Determination

Legal Issues

  1. 1 Whether practitioner committed serious professional misconduct justifying cancellation of registration
  2. 2 Whether practitioner is a suitable person to hold registration as medical practitioner
  3. 3 Period of disqualification from restoring registration

Ratio Decidendi

The Tribunal found, based on admissions and evidence, that the practitioner engaged in repeated acts of indecent assault towards patients, constituting professional misconduct. Comorbid Bipolar 1 Disorder and Narcissistic Personality Disorder rendered the practitioner unfit for medical practice for the foreseeable future. Protection of the public and reputation of the profession required cancellation of registration and a minimum 5-year disqualification period. Costs were ordered to follow the event. Patient privacy orders were necessary to protect identities.

Court Disposition

Registration cancelled; minimum 5-year disqualification; costs ordered; patient privacy order imposed.

Orders

  • The Respondent's registration as a medical practitioner is cancelled.
  • The Respondent must not apply to restore his registration within 5 years.