Health Care Complaints Commission v Ledner [2017] NSWCATOD 90

Health Care Complaints Commission v Ledner [2017] NSWCATOD 90

The respondent's inappropriate personal and sexual relationship with a former patient within two years of the therapeutic relationship, together with personal communications, socialising, intoxicated communications and references to illegal drugs, constituted unsatisfactory professional conduct and professional misconduct. The conduct was deliberate, occurred over time, breached known professional boundaries and the APS Code of Ethics, involved a vulnerable former patient, caused serious emotional harm, and was aggravated by the respondent's delayed and incomplete acceptance of responsibility. Although the Tribunal accepted that the respondent had insight by the hearing and was unlikely...

Jurisdiction
Australia
Judgment Date
15 June 2017
Procedural Posture
Application for Disciplinary Findings and Orders / Principal Judgment; Disciplinary Findings and Orders
Outcome
Complaints of unsatisfactory professional conduct and professional misconduct found proved; respondent's registration cancelled for one year with prohibition on providing health services for one year and costs orders made.
Legal Topics
['psychologist Professional Misconduct' 'unsatisfactory Professional Conduct' 'professional Boundaries' 'sexual Relationship With Former Patient' 'cancellation of Registration' 'costs']
['health Practitioner Regulation' 'professional Discipline' 'administrative Law'] ['psychologist Professional Misconduct' 'unsatisfactory Professional Conduct' 'professional Boundaries' 'sexual Relationship With Former Patient' 'cancellation of Registration' 'costs']

Case Brief

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Procedural Posture

Application for Disciplinary Findings and Orders / Principal Judgment; Disciplinary Findings and Orders

Legal Issues

  1. 1 ['Whether the respondent was guilty of unsatisfactory professional conduct under s 139B of the Health Practitioner Regulation National Law (NSW) No 86a.' 'Whether the respondent was guilty of professional misconduct under s 139E of the Health Practitioner Regulation National Law (NSW) No 86a.' 'What protective orders should be made, including whether cancellation or suspension of registration was appropriate.' 'What costs orders should be made.']

Ratio Decidendi

The respondent's inappropriate personal and sexual relationship with a former patient within two years of the therapeutic relationship, together with personal communications, socialising, intoxicated communications and references to illegal drugs, constituted unsatisfactory professional conduct and professional misconduct. The conduct was deliberate, occurred over time, breached known professional boundaries and the APS Code of Ethics, involved a vulnerable former patient, caused serious emotional harm, and was aggravated by the respondent's delayed and incomplete acceptance of responsibility. Although the Tribunal accepted that the respondent had insight by the hearing and was unlikely...

Court Disposition

Complaints of unsatisfactory professional conduct and professional misconduct found proved; respondent's registration cancelled for one year with prohibition on providing health services for one year and costs orders made.

Orders

  • ["The respondent's registration is cancelled." 'The respondent is not entitled to re-apply for registration for a period of one year.' 'The respondent is prohibited from providing health services for a period of one year.' "The Commission is to pay the respondent's costs thrown away of the hearing of 21 November...