Medical Board of Australia v Nandam

In the matter of Medical Board of Australia v Nandam, the Medical Board brought disciplinary proceedings against Dr Nandam, a registered medical practitioner, for engaging in a sexual relationship with a patient while continuing to treat her and other members of her family. The matter was heard in the Health Practitioners Tribunal of Australia. The primary legal issues before the Tribunal were whether Dr Nandam's conduct warranted disciplinary action and, if so, what the appropriate penalty should be. The Tribunal had to consider the nature of the relationship, Dr Nandam's admissions, his cooperation with the proceedings, and the underlying factors contributing to his conduct.

The Tribunal found that Dr Nandam's conduct was inappropriate and breached the professional standards expected of a registered medical practitioner. However, it was noted that he was not predatory in his actions and was addressing the underlying factors contributing to his conduct. The Tribunal determined that a reprimand and a three-month suspension of Dr Nandam's registration was appropriate, with the suspension to be suspended after one month on the condition that Dr Nandam met certain requirements for two years. These included continuing treatment with his psychiatrist, limiting his patient contact to 40 hours per week, working under the supervision of an experienced colleague, completing a course on ethical decision-making with a focus on boundary violation counselling, and paying the Board's costs.

The final orders of the Tribunal were that Dr Nandam be reprimanded and his registration suspended for three months, with the suspension suspended after one month subject to compliance with certain conditions. Dr Nandam was also required to complete a course on ethical decision-making, work under the supervision of an experienced colleague, and limit his patient contact. These conditions, except for the requirement to continue treatment with his psychiatrist, were to be recorded in the public register for two years. Dr Nandam was further ordered to pay the Board's costs of $20,000. The parties were granted liberty to apply.