Psychology Board of Australia v Shahinper

The Psychology Board of Australia brought proceedings against Dr. Shahinper, a registered psychologist, alleging professional misconduct. The Board claimed that Dr. Shahinper engaged in an inappropriate sexual relationship with a patient before adequately terminating the therapeutic relationship. The case was heard by the Health Professional National Law Tribunal of Queensland. The primary issues before the Tribunal were whether Dr. Shahinper's actions constituted professional misconduct and whether his registration should be cancelled. The Tribunal also needed to determine if Dr. Shahinper should be disqualified from re-applying for registration and if he should be ordered to pay the costs of the proceedings.

The Tribunal found that Dr. Shahinper had engaged in professional misconduct by initiating and continuing a sexual relationship with a patient. Despite initially denying the allegations, Dr. Shahinper eventually admitted to the misconduct. The Tribunal noted that Dr. Shahinper had previously faced disciplinary action for similar conduct. The Tribunal held that the psychologist's conduct was a clear departure from accepted standards, given the inherent power imbalance in the therapeutic relationship and the potential for harm to the patient. Consequently, the Tribunal concluded that Dr. Shahinper's registration should be cancelled and he should be disqualified from applying for registration for three years. The Tribunal also ordered Dr. Shahinper to pay the costs of the proceedings.

In accordance with the findings, the Tribunal cancelled Dr. Shahinper's registration as a psychologist, effective from 5 September 2016. Additionally, the Tribunal disqualified him from applying for registration for three years from the same date. Dr. Shahinper was also required to pay the costs of the proceedings, which were to be agreed upon or assessed on the District Court Scale if agreement could not be reached.