In Health Care Complaints Commission v GGO [2024] NSWCATOD 50 (19 April 2024) the NSW Civil and Administrative Tribunal made orders disqualifying a former paramedic from seeking registration for at least 12 months following his conviction of two offences.

On 27 March 2020, the respondent, CGO was charged with three counts of sexual intercourse without consent. The offences were alleged to have occurred on 5 May 2019. His registration was suspended by the Paramedicine Council on 14 May 2020. On 29 September 2021 he entered a plea of guilty to a single allegation of sexual touching of another person without their consent.  On 26 November 2021, he was convicted and sentenced to a two-year community corrections order ([4]-[8]).

On 26 October 2021 the local court made an apprehended domestic violence order restraining the respondent’s behaviour for the protection of his wife.  On 9 April 2022 he was charged over conduct in breach of that order. He entered a plea of guilty and was sentenced on 31 January 2023 to a further 14-month community correction order ([9]-[12]).

On 20 October 2023 the Health Care Complaints Commission commenced proceedings seeking orders to cancel the respondent’s registration for ‘1-2 years’ ([13]).  The basis of the allegation was that the respondent was guilty of unsatisfactory professional conduct.

The Health Practitioner Regulation National Law (NSW) provides that a practitioner must notify AHPRA within 7 days of being charged with a serious offence (s 130(1)). Further, the Tribunal is empowered to suspend a practitioner’s registration where (s 149C):

… the practitioner has been convicted of or made the subject of a criminal finding for an offence, either in or outside this jurisdiction, and the circumstances of the offence render the practitioner unfit in the public interest to practise the practitioner’s profession;

The HCCC made a complaint (s 144(a)) that the practitioner had been convicted and that action should be taken under s 149C and that the practitioner had failed to report that he had been charged within the required 7 days.

The Tribunal reminded itself that the overriding reason for disciplinary measures is to protect the public (see [36]). At [41] the Tribunal said:

it is not a requirement of the National Law that there be a direct nexus between the occurrence of the offence [that the practitioner has been convicted of] and the professional role, however where there is no nexus a more careful inquiry into the public interest factors may be required. There may be instances in which ‘public interest’ is taken to encompass the goal of broader protection of the reputation and standing of the profession such that it is able to maintain the trust of the public. When health professionals are convicted of serious criminal offences involving violence, sexual assault or the sexual exploitation of children, for example, the public’s ability to entrust their care to those health professions may be imperilled if the convicted practitioner continued to practise…

The applicant, the Health Care Complaints Commission argued that the two offences showed:

… a disregard for the law and a disturbing pattern regarding the respondent’s attitude towards women. This is a relevant consideration in relation to both the Tribunal’s consideration of whether the circumstance of the offending render the respondent unfit in the public interest to be registered as a paramedic for the following reasons:

(a) the behaviour is inconsistent with the high standard expected of paramedics regarding understandings of consent, boundaries and respect for women, and as such may present a risk to future patients; and

(b) the nature of the conduct has the ability to diminish of public confidence in the profession if not appropriately condemned;

The Tribunal agreed and made the orders sought, suspending the practitioner’s registration for 12 months. The Tribunal also made orders restricting the publication of the practitioner’s name, and the name of the victims in order to protect the interests of his children. 

Discussion

One ground of the complaint was that the practitioner failed to report when he was charged. This was not, however, a case where had he come forward the result may have been different. The allegations were about serious offences including an offence of a sexual nature. Having been convicted it was always likely that his registration would be suspended. As the tribunal noted, where a paramedic is convicted of ‘serious criminal offences involving violence, sexual assault or the sexual exploitation of children’ then they can expect to have their registration suspended even without proof of any link between the offending and their professional practice.

This blog is made possible with generous financial support from the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), Natural Hazards Research Australia, NSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of the donors.