Health Care Complaints Commission v Gorrell [2022] NSWCATOD 34

Health Care Complaints Commission v Gorrell [2022] NSWCATOD 34

The practitioner engaged in inappropriate physical and sexual conduct with a client during assessment visits, breaching professional boundaries and the APS Code of Ethics, constituting both unsatisfactory professional conduct and professional misconduct under the Health Practitioner Regulation National Law (NSW).

Jurisdiction
Australia
Judgment Date
16 March 2022
Procedural Posture
Disciplinary Proceeding / Stage 1 Merits Determination; to Be Listed for Stage 2 (protective Orders)
Outcome
Practitioner found guilty of unsatisfactory professional conduct and professional misconduct; matter to be listed for hearing on protective orders.
Legal Topics
['professional Boundaries' 'sexual Misconduct' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'expert Witness Ethics']
['occupational Regulation' 'health Law'] ['professional Boundaries' 'sexual Misconduct' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'expert Witness Ethics']

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Procedural Posture

Disciplinary Proceeding / Stage 1 Merits Determination; to Be Listed for Stage 2 (protective Orders)

Legal Issues

  1. 1 ['Whether the practitioner breached professional boundaries by engaging in inappropriate physical and sexual contact with a client' 'Whether unsatisfactory professional conduct and professional misconduct are established under the Health Practitioner Regulation National Law (NSW)' 'Whether the conduct breached the Australian Psychological Society Code of Ethics']

Ratio Decidendi

The practitioner engaged in inappropriate physical and sexual conduct with a client during assessment visits, breaching professional boundaries and the APS Code of Ethics, constituting both unsatisfactory professional conduct and professional misconduct under the Health Practitioner Regulation National Law (NSW).

Court Disposition

Practitioner found guilty of unsatisfactory professional conduct and professional misconduct; matter to be listed for hearing on protective orders.

Orders

  • ['The practitioner is guilty of unsatisfactory professional conduct as defined in s 139B(1)(l) of the Health Practitioner Regulation National Law (NSW), and guilty of professional misconduct as defined in s 139E of the Health Practitioner Regulation National Law (NSW).' 'Matter listed for hearing regarding...