Legislation cited: ACT Civil and Administrative Tribunal Act 2008 (ACT) s 55

Health Practitioner Regulations National Law (ACT) ss 141, 195

CIVIL AND ADMINISTRATIVE TRIBUNAL ) NO: OR 14/09

ACT CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2008 (ACT)

Having regard to the application filed in these proceedings, the Respondent's Statement of Facts and Contentions and the Statement of Agreed Facts attached to and forming part of these conditions and orders, I am satisfied that a decision in the terms agreed by the parties is within the power of the Tribunal and is appropriate for the Tribunal to make. Consent orders are therefore made pursuant to section 55 of the ACT Civil and Administrative Tribunal Act 2008 as follows:

1. The Respondent has engaged in professional misconduct.
2. The Respondent be reprimanded.
3. The Respondent attend and successfully complete the Cognitive Institute's Intensive Performance and Professionalism Series: Clinical Communication Programme.
4. For a period of 2 years from the date of this order, the Respondent is not to have any actual or perceived role as a supervisor in any practice that he owns, has an interest in or works in. It is noted that 'supervise' includes but is not limited to decisions in relation to:
   • (a) The professional supervision of employed/contracted medical practitioners;
   • (b) The review of any complaints made against employed/contracted medical practitioners;
   • (c) The ethical obligations of employed/contracted medical practitioners; and

(d) Giving advice, guidance or directions to medical practitioners relating to their professional obligations;

(e) Hiring or terminating employed or contracted medical practitioners;

(f) The business management of medical practices owned by the Respondent;

(g) The setting of financial policies and directions to be followed by employed medical practitioners; and

(h) The financial management of the practice generally.

1. Once condition 4 is recorded on the AHPRA public register, any employer of the Respondent and all medical practitioners at any practice that the Respondent owns or works at may be advised by AHPRA of condition 4.
2. The Medical Board of Australia appoint a mentor for the Respondent within 14 days of the date of these orders, who will have a monthly meeting with the Respondent to discuss any issues of clinical practice, medical ethics and cultural awareness for a period of twelve months.
3. The Applicant authorises the mentor to provide 6 monthly reports to the Medical Board of Australia.
4. The Respondent forward to the mentor, for discussion and remedial action, any complaints made about him by patients of his practice.
5. The review period for condition 4 is 2 years.
6. The review period for conditions 3, 6, 7 and 8 is 6 months.
7. The Respondent is to pay the Applicant's costs of these proceedings on a party/party basis at the Supreme Court of the ACT scale, in an amount to be agreed or failing agreement, to be assessed by the Tribunal, such costs to be paid within 28 days of agreement or assessment.

The Tribunal notes that order 11 is made under section 195 of the Health Practitioner Regulation National Law (ACT).

In the Australian Capital Territory Civil and Administrative Tribunal

1.1 The Respondent commenced his own practice as a General Practitioner on 1 July 1999. He owns and manages the Belconnen Medical Centre and 2 other medical practices.

1.2 During the period February to October 2012 the Respondent engaged Dr Maged Khalil at the Belconnen Medical Centre.

2.1 During the period 24 February 2012 to 29 October 2012 the patient and Dr Maged Khalil engaged in a sexual relationship. That relationship led to proceedings against Dr Khalil before this Tribunal (OR 13/19). The Respondent was unaware of this relationship until 29 October 2012.

2.2 On 29 October 2012, the patient requested and attended a consultation with the Respondent and then attended a further five consultations with the Respondent up to and including 25 March 2013.

2.3 Each of the 6 consultations between the patient and the Respondent focussed on the relationship that had developed between the patient and Dr Khalil and the effect that relationship had on the patient's health.

2.4 At the 6th and final consultation on 25 March 2013 at the request of the patient, the Respondent prepared a mental health plan for the patient and, at the patient's request, referred her to Dr Eryn Davies, clinical psychologist, for treatment.

2.5 The Respondent treated the patient between 29 October 2012 and 25 March 2013 on 6 occasions and despite the existence of a conflict of interest he did not refer the patient to another medical practitioner for treatment. The Respondent did not refer the patient to a psychologist until 25 March 2013.

2.6 In breach of section 141 of the Health Practitioner Regulation National Law (ACT) the Respondent did not notify the Applicant of Dr Khalil's conduct.

2.7 In the course of providing treatment to the patient, the Respondent engaged in physical contact with the patient and made comments of a personal nature regarding the patient's youthfulness, her looks and her similarity to a former girlfriend of the Respondent. The comments were made in a way which the Respondent thought reflected the context of counselling consultations, however, they were inappropriate, particularly in circumstances where the patient was a victim of a sexual misconduct boundary violation.

2.8 The Respondent did not take any action in relation to Dr Khalil's conduct and allowed Dr Khalil to continue working at the Belconnen Medical Centre until after the matter had been reported to the Applicant by Dr Eryn Davies and the patient.