Medical Board of Australia v Khalil (Occupational Discipline)
[2013] ACAT 76
•21 November 2013
ACT CIVIL & ADMINISTRATIVE TRIBUNAL
MEDICAL BOARD OF AUSTRALIA v KHALIL
(Occupational Discipline) [2013] ACAT 76
OR 13/19
Catchwords: OCCUPATIONAL DISCIPLINE – HEALTH PRACTITIONER – general practitioner - professional misconduct - romantic and sexual relationship with patient – provision of receipts for claims for reimbursement from Medicare – tribunal approval of terms of agreement – reprimand – suspension of registration for nine months – conditions imposed on return to practise – requirement to work in a group general practice – supervision, mentoring and psychological treatment
Legislation:ACT Civil and Administrative Tribunal Act 2008 s 55
Health Practitioner Regulation National Law (ACT) s 196
Cases:The Medical Practitioner v The Medical Board of Australia Anor [2011] ACTSC 191
The Medical Practitioner v The ACT Medical Board [2010] ACAT 63
ACT Medical Board v The Medical Practitioner (Occupational Discipline) [2009] ACAT 34.
Tribunal: Professor T. Faunce – Tribunal Member
Date of Orders: 21 November 2013
AUSTRALIAN CAPITAL TERRITORY
CIVIL AND ADMINISTRATIVE TRIBUNAL NO: OR13/19
RE:THE MEDICAL BOARD OF AUSTRALIA
Applicant
AND:DR MAGED KHALIL
Respondent
ORDERS
Tribunal: Professor T. Faunce – Tribunal Member
Date of Order: 21 November 2013
The Tribunal Orders that:
1. The proposed terms of agreement signed by the parties on 19 November 2013 and as varied on 21 November 2013 be approved pursuant to s 55 of the ACT Civil and Administrative Tribunal Act 2008.
2. The terms of agreement are as follows;
(a) The respondent has behaved in a way that constitutes professional misconduct, in that he engaged in behaviour as set out in the statement of agreed facts dated 27 August 2013 annexed hereto as Attachment A.
(b) The respondent is reprimanded.
(c) The respondent’s registration is suspended for a period of 9 months from 17 May 2013 to 17 February 2014.
(d) After the period of suspension, the respondent may return to work in a group general practice (consisting of 4 or more medical practitioners) approved by the applicant.
(e) For a period of 6 months from the date on which the respondent returns to practice:
(i)The respondent is to work under ‘level 2 supervision’ (as defined by the applicant’s ‘Guidelines: Supervised Practice for Limited Registration’) by a Board-approved supervisor who is to report to the applicant on a monthly basis.
(ii)The respondent is to work with a Board-appointed mentor.
(iii)The respondent is to continue to receive treatment from his treating psychologist, Mr Marshall O’Brien, at his own costs.
The Tribunal notes that: the parties have reached those terms of agreement following continuation of discussions which took place at the preliminary conference on 28 August 2013 and after taking the following considerations into account;
1. The powers of the Tribunal under s 196 of the Health Practitioner Regulation National Law (ACT).
2. That the object of these proceedings is the protection of the public (rather than punishment of the respondent).
3. The circumstances of the respondent’s conduct, as outlined in the agreed statement of facts filed in the preliminary conference.
4. That the authorities establish that the conduct in which the respondent engaged constitutes professional misconduct.
5. Orders made in previous decisions involving similar conduct, which are summarised in the table of cases filed in the preliminary conference – in particular the case of The Medical Practitioner v The Medical Board of Australia & Anor [2011] ACTSC 191 (an appeal from The Medical Practitioner v The ACT Medical Board [2010] ACAT 63, which itself was an appeal from ACT Medical Board v The Medical Practitioner (Occupational Discipline) [2009] ACAT 34).
6. The considerations regarded in the authorities as the relevant considerations, including (but not limited to): the seriousness of the conduct, the level of the practitioner’s remorse and insight and the risk of the practitioner’s re-offending and deterrence.
7. The evidence filed in this matter, including the reports of Dr Eryn Davies, filed by email on 17 September 2013, and the Professor Bruce Singh, filed by email on 26 September 2013.
8. The interests of the applicant in performing its public protection function, including ensuring the public is not put at risk by the respondent’s returning to work in general practice and that other practitioners are deterred from engaging in similar conduct.
9. The interests of the respondent in returning to work in general practice with support which will help him to avoid the mistakes which led to his misconduct (given, in particular, his relatively limited experience in general practice).
10. The interests of both parties (and the community) in resolving the matter without requiring a hearing if possible.
The Tribunal further notes that:
i.these orders are made having heard today from the respondent and being satisfied that the terms of the agreement provide adequate safeguards for public protection.
ii.As part of these orders I have asked the respondent to reflect that in this community the principles of professional conduct must become, through consistent application in the face of obstacles, a cherished part of a medical practitioner’s character. I have also emphasised that the public funds made available to medical practitioners in Australia through schemes such as Medicare, should be respected as received on trust from the collective resources of all citizens in this country.
iii.On these terms I support the respondent’s return to practise.
...................Signed.....................
Ms L. Crebbin, General President
For Professor T Faunce, Tribunal Member
Attachment ‘A’
THE MEDICAL BOARD OF AUSTRALIA
ApplicantDR MAGED KHALIL
Respondent
AGREED STATEMENT OF FACTS
Qualifications and Registration Details
The respondent was born on 14 December 1959. He was born and raised in Alexandria City, Egypt and graduated from the Faculty of Medicine at Alexandria University with Honours in 1982. The respondent began practising medicine in 1983.
In 1989 the respondent obtained a Masters Degree in emergency medicine from Alexandria University.
Before coming to Australia the respondent practised in emergency medicine in Egypt, Saudi Arabia and the United Arab Emirates.
The respondent arrived in Australia on a 457 visa and began work in emergency medicine at the Wagga Wagga Base Hospital in February 2009. He worked there until February 2012.
The respondent qualified for an Australian Medical Council (AMC) certificate in 2010. The AMC certificate enables him to work in general practice in Australia.
The respondent moved to the ACT and commenced work at the Belconnen Medical Centre in February 2012 as a general practitioner.
Relationship with the Patient
Result of Complaint
As a result of receiving notification of the practitioner’s conduct outlined above the applicant suspended the respondent’s registration as of 17 May 2013.
The respondent has been obtaining psychological treatment from Mr Marshall O’Brien, psychologist since 7 June 2013.
Date: 27 August 2013
………………Signed…………………
Thena Kyprianou
A solicitor employed by
Australian Government Solicitor
Solicitor for the Applicant
…………………Signed……………….
Nevin Agnew
Minter Ellison Lawyers
Solicitor for the Respondent
PUBLICATION DETAILS
FILE NUMBER: | OR 13/19 |
PARTIES, APPLICANT: | MEDICAL BOARD OF AUSTRALIA |
PARTIES, RESPONDENT: | DR MAGED KHALIL |
COUNSEL APPEARING, APPLICANT | N/A |
COUNSEL APPEARING, RESPONDENT | N/A |
SOLICITORS FOR APPLICANT | Ms T. Kyprianou, Australian Government Solicitor |
SOLICITORS FOR RESPONDENT | Mr N. Agnew, Minter Ellison, Lawyers |
TRIBUNAL MEMBERS: | Professor T. Faunce |
DATES OF HEARING: | 21 November 2013 |
PLACE OF HEARING: | Canberra, ACT |
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