Health Care Complaints Commission v Dr McCroary [2019] NSWCATOD 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr McCroary [2019] NSWCATOD 115 Hearing dates: 1 and 2 April 2019 Date of orders: 19 July 2019 Decision date: 19 July 2019 Jurisdiction: Occupational Division Before: N Hennessy ADCJ, Deputy President Dr M Cox, Professional Member Dr J Fogarty, Professional Member J Barker, General Member Decision: 1. Dr McCroary is guilty of unsatisfactory professional conduct. 2. Dr McCroary is reprimanded. 3. Dr McCroary's registration is subject to the following condition: To be mentored for at least 12 months and then as determined by the Council: (a) to nominate a registered experienced general practitioner to act as his professional mentor for approval by the Medical Council of NSW in accordance with the Medical Council of NSW's Compliance Policy – mentoring (as varied from time to time) and as subsequently determined by the appropriate review body; (b) to meet face-to-face monthly for at least one hour; (c) at the initial meeting the discussion is to focus on: the issues highlighted in this decision and professional boundaries and at subsequent meetings discussion is to include as necessary the issues highlighted in this decision and professional boundaries and any personal and/or medical practice issues that may arise; (d) to authorise the Council to provide a copy of the decision to his mentor; (e) to authorise the mentor to advise Council on a quarterly basis as to whether the required meetings have occurred; (f) to authorise the mentor to inform the Council immediately if the mentoring relationship ends, or of any significant concerns regarding the practitioner, or his compliance with any conditions on his registration; (g) to be responsible for any costs associated with the mentoring relationship. 4. Dr McCroary is to pay the Health Care Complaints Commission's costs as assessed or agreed. Catchwords: MEDICAL PROFESSION – unsatisfactory professional conduct and professional misconduct complaints – where doctor entered into and continued a sexual relationship with a patient - Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Australian Leisure and Hospitality Group Pty Ltd v Director of Liquor Licensing [2012] WASC 463 Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Ake [2018] NSWSC 1170. Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care complaints Commission v Dr Gow [2008] NSWMT 2 Health Care Complaints Commission v Firth (No 3) [2016] NSWCATOD 58 Health Care Complaints Commission v Gupta [2018] NSWCATOD 153 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Little [2016] NSWCATOD 146 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Ryken [2016] NSWCATOD 58 Health Care Complaints Commission v Skandaliaris [2018] NSWCATOD 199 Texts Cited: Good Medical Practice; A Code of Conduct for Doctors in Australia, Medical Board of Australia, March 2014 Sexual Boundaries; guidelines for doctors, Medical Board of Australia, 28 October 2011 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Kenneth McCroary (Respondent) Representation: Counsel: L Thomas (Applicant) P Dwyer (Respondent)