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12 Aug 2024
A chiropractor who continued to work after he was suspended has been fined $15,000 following charges laid by the Australian Health Practitioner Regulation Agency (Ahpra).
Ahpra prosecuted the man for practising as a chiropractor without registration over two separate periods in contravention of section 116 of the Health Practitioner Regulation National Law 2009 (National Law).
The man remains suspended and cannot practise as a chiropractor in Australia.
In December 2021, the man’s registration was suspended by the Chiropractic Board of Australia to protect public health or safety.
Despite being fully aware of his suspension, he continued to practise at the clinics he owned between 14 December 2021 and 23 March 2022. He then moved overseas for a period of time.
On his return to Australia, he continued to practise as a chiropractor at his clinics between 27 December 2023 and 8 February 2024 while his registration was still suspended.
He presented himself as a registered chiropractor when he treated at least 60 patients during these two periods. Many patients were treated more than once and some patients had serious health conditions.
He used the provider number and billing details of other genuinely registered chiropractors, who were not working on those dates, on invoices and private health insurance claims.
The man admitted to Ahpra inspectors that he did not tell any patient treated by him that he had been suspended because he did not want to ruin his clinics’ reputation.
He continued to practise even after he was put on notice by Ahpra’s Criminal Offences Unit that he was under investigation and participating in a record of interview about the earlier offending on 21 August 2023.
On 12 August 2024 he pleaded guilty to nine charges of holding himself out as a registered chiropractor in contravention of the National Law1 in the Magistrates Court of Queensland.
Magistrate Nerida Wilson imposed a fine of $5,000 for the first period of offending.
She commented that the subsequent offending amounted to ‘an almost incorrigible refusal to desist after he could and should have known’ he must not practise and imposed a further fine of $10,000 for the second period of offending.
"The public expect that when the professional board step in and propose suspensions, then that's it," she said.
Noting the man’s personal circumstances, cooperation, and early plea of guilty, no conviction was recorded. He was also ordered to pay $2,000 in costs.
Ahpra CEO Martin Fletcher said the Court outcome sent a clear message to all practitioners that any health practitioner who decides to practise while suspended is a very serious offence.
‘The blatant nature of this offending is a gross breach of the trust of patients and Ahpra takes these matters very seriously,’ he said.
‘The registration process is designed to ensure that the Australian community can be confident that health practitioners are safe, skilled and fit to practice.
‘There are severe penalties under the National Law for practising while suspended with a maximum penalty for each offence of $60,000 and/or three years’ in prison for each charge. Ahpra will not hesitate to bring charges against practitioners who put public health and safety at risk through such actions.’
Chair of the Chiropractic Board of Australia, Dr Wayne Minter, further commented:
‘The Board took swift action in December 2021 to suspend this practitioner’s registration to protect public health and safety,’ he said.
‘Despite this, he showed a disregard for the rules governing all Australian chiropractors and we are pleased with today’s ruling by the court.’
1 The Health Practitioner Regulation National Law, as in force in each state and territory (the National Law).