RE THE MEDICAL PRACTICE ACT 1992 AND DR STANLEY VINCENT [2002] NSWMT 9

RE THE MEDICAL PRACTICE ACT 1992 AND DR STANLEY VINCENT [2002] NSWMT 9

The practitioner's repeated sexual relationships and inappropriate conduct with patients were extremely serious, occurred when patients were vulnerable and after trust and confidence had been gained, and had the hallmarks of serial, predatory conduct. Because the practitioner had not been full and frank, had in some circumstances been positively dishonest, and continued to have personality traits not yet remedied, the Tribunal was not satisfied that supervision and conditions would protect the public and the profession. The appropriate protective response was removal of his name from the Register.

Jurisdiction
Australia
Judgment Date
20 September 2002
Procedural Posture
Complaint Under the Medical Practice Act 1992 Concerning Professional Misconduct or Unsatisfactory Professional Conduct / Determination After Hearing on Penalty Following Admissions
Outcome
Complaint proved; practitioner found guilty of professional misconduct; practitioner's name ordered removed from the Register of Medical Practitioners of New South Wales.
Legal Topics
['sexual Relationships With Patients' 'professional Boundaries' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'removal From Register' 'standard of Proof' 'protective Disciplinary Orders']
['medical Disciplinary Law' 'health Law' 'professional Misconduct'] ['sexual Relationships With Patients' 'professional Boundaries' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'removal From Register' 'standard of Proof' 'protective Disciplinary Orders']

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Procedural Posture

Complaint Under the Medical Practice Act 1992 Concerning Professional Misconduct or Unsatisfactory Professional Conduct / Determination After Hearing on Penalty Following Admissions

Legal Issues

  1. 1 ['Whether the admitted conduct constituted professional misconduct or unsatisfactory professional conduct within the meaning of ss 36 and 37 of the Medical Practice Act 1992.' 'Whether the practitioner had been rehabilitated such that he could continue to practise under supervision and conditions.' "Whether protection of the public and maintenance of professional standards required removal of the practitioner's name from the Register of Medical Practitioners of New South Wales."]

Ratio Decidendi

The practitioner's repeated sexual relationships and inappropriate conduct with patients were extremely serious, occurred when patients were vulnerable and after trust and confidence had been gained, and had the hallmarks of serial, predatory conduct. Because the practitioner had not been full and frank, had in some circumstances been positively dishonest, and continued to have personality traits not yet remedied, the Tribunal was not satisfied that supervision and conditions would protect the public and the profession. The appropriate protective response was removal of his name from the Register.

Court Disposition

Complaint proved; practitioner found guilty of professional misconduct; practitioner's name ordered removed from the Register of Medical Practitioners of New South Wales.

Orders

  • ['The Tribunal finds the Complaint proved.' 'The Tribunal finds the practitioner guilty of professional misconduct.' 'The name of the practitioner be removed from the Register of Medical Practitioners of New South Wales.' 'An application for review of Order 1 may not be made until 2 years after 20 September 2002.'...