Health Care Complaints Commission v Soper [2019] NSWCATOD 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Soper [2019] NSWCATOD 168 Hearing dates: 24 – 26 September 2019 Date of orders: 01 November 2019 Decision date: 01 November 2019 Jurisdiction: Occupational Division Before: Hon W Haylen QC, ADCJ, Principal Member Dr C Cox, Senior Member Dr G Abouyanni, Senior Member S Lovrovich, General Member Decision: (1) Dr Soper is found to be in breach of his professional medical ethical duties, as particularised in the Complaints filed by the HCCC, and is guilty of unsatisfactory professional conduct and professional misconduct. (2) Dr Soper is suspended from medical practice for a period of six months, commencing from the date of publication of this decision. (3) On resumption of medical practice, Dr Soper shall be subject to the practice conditions set out in Annexure A to this decision. (4) Dr Soper shall pay the costs of the HCCC in relation to these proceedings, in a sum agreed or assessed. (5) The publication or broadcast of the names of patient A, patient B and patient C, as referred to in these proceedings, is prohibited. Catchwords: PROFESSIONS AND TRADES – medical practitioner – sexual relationship with two patients and treatment of family member – failure to cease relationships or treatment – unsatisfactory professional conduct and professional misconduct – practitioner suspended for six months – practice conditions imposed on resumption of medical practice – costs Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Pillai v Messiter [No 2] (1998) 16 NSWLR 197 Texts Cited: Medical Board of Australia, "Sexual Boundaries: Guidelines for doctors" Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Lachlan Soper (Respondent) Representation: Counsel: A Britt (Applicant) M Hutchings (Respondent)