Health Care Complaints Commission v Gorrell [2022] NSWCATOD 34 (on Caselaw).
In October 2017 the practitioner (a psychologist) had been referred a grant of Legal Aid funding and instructed to assess Client A and to provide an expert opinion as to whether she suffered from a mental illness pursuant to the then s 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW) for the purpose of proceedings before the Local Court on charges including behave in offensive manner, assault police, and assault, arising from incidents in July and October 2017. On 7 December 2017 the practitioner provided a psychological report in relation to Client A. On 19 December 2017 the section 32 application was considered and an order was made that all charges be dismissed due to mental illness.
The complaints made by the HCCC were in the nature of boundary violation complaints including inappropriate physical and sexual contact. The practitioner disputed the factual allegations, however the Tribunal found the complaints (or most of them) proven.
The Tribunal found that the practitioner was guilty of unsatisfactory professional conduct as defined in s 139B(1)(l) of the National Law, and guilty of professional misconduct as defined in s 139E of the National Law.
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