In re Dr Elvin Cheng and the Medical Practice Act 1992 [2005] NSWMT 25

New South Wales Medical Tribunal

CITATION : In re Dr Elvin Cheng and the Medical Practice Act 1992 [2005] NSWMT 25 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission Dr Elvin Cheng FILE NUMBER(S) : 40018 of 2004 CORAM: Ainslie-Wallace, DCJ - Toh, Dr S - Allnutt, Dr S - McNeil, P CATCHWORDS: Sexual misconduct LEGISLATION CITED: Medical Practice Act 1992 ss 36 & 37 CASES CITED: Briginshaw v Briginshaw (1938) 60CLR 336; Clyne v NSW Bar Association (1960) 104 CLR 186 DATES OF HEARING: 4.4.2005 to 5.4.2005 DATE OF JUDGMENT: 21 April 2005 LEGAL REPRESENTATIVES: S Beckett of Counsel for the complainant AJ Katzmann of Senior Counsel for the respondent ORDERS: Orders:; 1. That Dr Cheng is severely reprimanded; 2. That Dr Cheng be fined the sum of $10,000.; 3. That the following conditions be placed on Dr Cheng's registration;; a. Dr Cheng is to attend upon a psychiatrist of his choice at a frequency to be determined by his psychiatrist. Dr Cheng is to authorise the psychiatrist to report to the Medical Board on treatment and to inform the Board of failure to attend for treatment, termination of treatment or if there is a significant change in health status including a significant temporary change. Dr Cheng is to attend upon the psychiatrist for a period of two years.; b. Dr Cheng is to continue his education in relation to maintenance of proper professional boundaries and medical ethics for a period of two years from the date of this order. Dr Cheng is to report to the Medical Board every six months on his continuing education.; c. Dr Cheng is to continue to employ a general practitioner or work with at least one other medical practitioner for a period of two years from the fate of this order. Dr Cheng is to report to the Medical Board every three months on his employment of a general practitioner including the name of the practitioner and the hours worked.; d. Dr Cheng is not to work as a medical practitioner for more than 50 hours per week for a period of two years from the date of this order. Dr Cheng is to report to the Medical Board every three months on the hours worked.; e. Dr Cheng is to attend for review by Dr Wright or such other Board nominated psychiatrist as the Medical Board may nominate every six months for a period of two years from the date of this order. Dr Cheng is to authorise the psychiatrist to report to the Board.; f. These conditions may be varied or eased by the Medical Board at any time.