Following the recent guilty finding into allegations of Unsatisfactory Conduct by neurosurgeon Dr Charlie Teo, the concept of Professional Misconduct in Australia and its consequences and implications under Commonwealth law have been in the headlines.
In this blog post, New South Lawyers explores the legal definition of Professional Misconduct under Australian law and sheds light on its consequences for professionals.
Dr Charlie Teo and Professional Misconduct in Australia
A recent news article reported that the renowned neurosurgeon, Dr Charlie Teo, had been found guilty of Professional Misconduct by the NSW Health Care Complaints Commission (HCCC).
According to the article, the allegations against Dr Teo included:
- misleading patients and their families about the potential benefits and risks of surgical procedures; and
- charging exorbitant fees.
It was found that Dr Teo’s conduct in relation to the above allegations constituted Professional Misconduct within the medical profession, in that it breached the standards and ethical guidelines expected of a medical professional.
What Is Professional Misconduct?
Misconduct is defined in the general sense as unlawful behaviour or conduct that is not proper. Misconduct of any kind is a significant concern in any profession, as it undermines public trust and integrity within that profession.
Professional Misconduct, while being a form of misconduct, specifically refers to improper or unethical behaviour exhibited by professionals that violates established standards and codes of conduct governing their occupation.
Unsatisfactory Professional Conduct of a registered health practitioner in New South Wales is defined under section 139B of the Health Practitioner Regulation National Law and includes conduct that demonstrates that the knowledge, skill, judgment, or care exercised by the practitioner is significantly below the standard reasonably expected of a practitioner with equivalent training or experience.
Professional Misconduct in relation to a registered health practitioner, such as in Dr Teo’s case, is defined under section 139E of the Health Practitioner Regulation National Law (NSW) as unsatisfactory professional conduct of a sufficiently serious nature to justify suspension or cancellation of registration, or more than one instance of unsatisfactory professional conduct that, when considered together, justifies suspension or cancellation.
Professional Misconduct goes beyond mere errors in judgment or professional negligence, as it encompasses intentional or wilful acts that breach the trust and duty owed to clients, colleagues, or the general public.
Legal Implications of Professional Misconduct in Australia
Professional Misconduct carries significant legal implications for practitioners within Australia. Regulatory bodies specific to each profession are responsible for investigating allegations and imposing disciplinary action when misconduct is proven.
The regulation and disciplinary framework varies across professions. For example, legal practitioners are regulated by state and territory Law Societies and Bar Associations, while medical practitioners are overseen by health regulatory authorities. In some cases, external statutory bodies such as the New South Wales Civil and Administrative Tribunal may hear professional misconduct matters.
Elements of Professional Misconduct
While the specifics vary depending on the profession, certain elements are commonly associated with Professional Misconduct. These include breach of professional duty, serious or recurring misconduct, violations of professional codes of conduct, and conduct involving dishonesty or lack of integrity.
Consequences of Professional Misconduct
When a professional is found guilty of misconduct, regulatory bodies may impose disciplinary measures to protect the public interest and maintain the integrity of the profession. These consequences may include formal reprimands, practice restrictions, suspension, cancellation of registration, or mandatory professional rehabilitation programs.
What the Findings Mean for Dr Charlie Teo
The findings against Dr Teo highlight the serious repercussions that can follow when professional standards are breached. As a result of the investigation conducted by the HCCC, Dr Teo is required to obtain written support from another medical specialist before performing certain procedures in Australia.
This decision reinforces an existing ban imposed by the NSW Medical Council in August 2021, which prohibits Dr Teo from operating without written approval. Given that no neurosurgeon in Australia or New Zealand has provided such written support in recent years, Dr Teo has moved much of his professional work overseas.
New South Lawyers’ communications are intended to provide general information only and should not be relied upon as legal advice. Formal legal advice should be sought for matters arising from this information.
Speak With New South Lawyers
To learn more about Professional Misconduct proceedings or to obtain tailored legal advice, speak with a member of the New South Lawyers team today.