Health Care Complaints Commission v Black (No 2) [2015] NSWCATOD 5

Health Care Complaints Commission v Black (No 2) [2015] NSWCATOD 5

The Tribunal found the respondent's conduct in relation to Complaints One to Five—involving repeated improper and unethical behaviour towards female patients, breaches of registration conditions (including chaperone provisions), failure to comply with statutory s34A notices from the HCCC, and failure to notify the National Board of a criminal charge—amounted to both unsatisfactory professional conduct and professional misconduct under the National Law and related legislation. The findings relied on the credible and independent evidence of multiple patients, contemporaneous documents, expert evidence, statutory construction, and careful application of the civil standard of proof, as...

Parties
Complainant: Health Care Complaints Commission of NSW; Respondent: Robert Anthony John Black
Jurisdiction
Australia
Judgment Date
12 February 2015
Procedural Posture
Disciplinary (occupational) / Liability Determined for Complaints One to Five; Complaint Six and Penalty/orders Reserved for Stage Two
Outcome
Complaints One to Five established; findings of unsatisfactory professional conduct and professional misconduct under the National Law. Complaint Six reserved for Stage Two. Directions hearing set for further orders.
Legal Topics
Osteopath Disciplinary Proceedings, Professional Misconduct, Unsatisfactory Professional Conduct, Chaperone Conditions, Failure to Notify Criminal Charge, Breach of Registration Conditions, Failure to Comply With Statutory Notice, Inadequate Clinical Records
Health Law Administrative Law Professional Discipline Osteopath Disciplinary Proceedings Professional Misconduct Unsatisfactory Professional Conduct Chaperone Conditions Failure to Notify Criminal Charge +3 more

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Parties

Health Care Complaints Commission of NSW

Complainant

Robert Anthony John Black

Respondent

Procedural Posture

Disciplinary (occupational) / Liability Determined for Complaints One to Five; Complaint Six and Penalty/orders Reserved for Stage Two

Legal Issues

  1. 1 Whether the respondent engaged in unsatisfactory professional conduct or professional misconduct as defined by the National Law
  2. 2 Whether the respondent breached registration conditions imposed by the Osteopathy Council
  3. 3 Whether the respondent failed to comply with s34A notices under the Health Care Complaints Act 1993

Ratio Decidendi

The Tribunal found the respondent's conduct in relation to Complaints One to Five—involving repeated improper and unethical behaviour towards female patients, breaches of registration conditions (including chaperone provisions), failure to comply with statutory s34A notices from the HCCC, and failure to notify the National Board of a criminal charge—amounted to both unsatisfactory professional conduct and professional misconduct under the National Law and related legislation. The findings relied on the credible and independent evidence of multiple patients, contemporaneous documents, expert evidence, statutory construction, and careful application of the civil standard of proof, as...

Court Disposition

Complaints One to Five established; findings of unsatisfactory professional conduct and professional misconduct under the National Law. Complaint Six reserved for Stage Two. Directions hearing set for further orders.

Orders

  • Directions Hearing listed for 9.30 am on 17 February 2015 regarding Stage Two of proceedings (including Complaint Six and orders).