Health Care Complaints Commission v Chen (No 2) [2021] NSWCATOD 174

Health Care Complaints Commission v Chen (No 2) [2021] NSWCATOD 174

Mr Chen engaged in multiple acts of sexual boundary violations and misconduct towards female patients contrary to professional standards, failed to self-report charges as required by law, and is therefore not a suitable person to hold registration, is guilty of unsatisfactory professional conduct and professional misconduct; protective orders are necessary for public protection.

Jurisdiction
Australia
Judgment Date
05 November 2021
Procedural Posture
Disciplinary Proceedings / Stage 2 Hearing: Determination of Established Complaints and Sanction
Outcome
Complaints established; protective and disciplinary orders made
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'health Practitioner Regulation' 'sexual Boundary Violations' 'protective Orders' 'registration Cancellation']
['health Law' 'professional Discipline'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'health Practitioner Regulation' 'sexual Boundary Violations' 'protective Orders' 'registration Cancellation']

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Procedural Posture

Disciplinary Proceedings / Stage 2 Hearing: Determination of Established Complaints and Sanction

Legal Issues

  1. 1 ['Whether Mr Chen is a suitable person to hold registration as a Chinese medicine practitioner under s 144(e) of the National Law' 'Whether Mr Chen is guilty of unsatisfactory professional conduct under s 139B(1)(a), (b), and (l) of the National Law' 'Whether Mr Chen is guilty of professional misconduct under s 139E of the National Law' 'Appropriateness of protective orders including prohibition from providing health services and costs']

Ratio Decidendi

Mr Chen engaged in multiple acts of sexual boundary violations and misconduct towards female patients contrary to professional standards, failed to self-report charges as required by law, and is therefore not a suitable person to hold registration, is guilty of unsatisfactory professional conduct and professional misconduct; protective orders are necessary for public protection.

Court Disposition

Complaints established; protective and disciplinary orders made

Orders

  • ['Had Mr Chen still been registered, his registration would have been cancelled.' 'Mr Chen may not make an application for review for a period of three years from the date of these orders.' 'Unless and until Mr Chen is registered as a health practitioner Mr Chen is prohibited from providing all Health Services as...