Registered health practitioner misconduct in Victoria: September 2023

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By Stuart Eustice, Partner and Holly White, Associate

Medical Board of Australia v Thompson [2023] VCAT 1031 (6 September 2023)

A GP was reprimanded, had his registration cancelled and was disqualified from re-applying for one year after the Tribunal found he had engaged in professional misconduct. The GP had punched a patient in the waiting room (and accused him of burgling his practice). The GP pleaded guilty to one charge of unlawful assault and was fined $350 without conviction. He had been immediately suspended and did not participate in the disciplinary proceedings, consistent with him advising the Magistrate he had no faith in the justice system and had retired.

Nursing & Midwifery Board of Australia v Harris [2023] VCAT 982 (8 September 2023)

A nurse was reprimanded, had his registration suspended for eight months and had education and mentoring conditions imposed on his registration after the Tribunal found he had engaged in professional misconduct. The male nurse had sexually harassed four female colleagues.

Physiotherapy Board of Australia v Espedido (No 2) [2023] VCAT 1056 (13 September 2023)

A physiotherapist was reprimanded, disqualified from applying for registration for six years and prohibited from providing health services that pose a demonstrable risk to the public for six years after the Tribunal found he had engaged in professional misconduct. The physiotherapist had not practiced for 4.5 years during the disciplinary proceedings and had surrendered his registration. The Tribunal found the physiotherapist had engaged in a ‘gross abuse of patient trust’ by touching a patient’s vulva without clinical indication or justification for an intentional, sexual, inappropriate or non-clinical purpose.

Medical Board of Australia v Hmood [2023] VCAT 603 (15 September 2023)

A doctor was reprimanded, had his registration cancelled, was disqualified from re-applying for eight years and prohibited from providing any health servicing involving physical contact with a female if he is alone with the female for eight years after the Tribunal found he had engaged in professional misconduct. The Tribunal found the doctor had engaged in five examinations for a sexual purpose and in a manner that involved inappropriate and unnecessary physical contact and showed no insight or remorse into his actions.

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    Case Summary: Martin v Nu-Lite Windows (Victoria) Pty Ltd (in liquidation) & Ors (Ruling) [2023] VCC 329