Tribunal reprimands former medical radiation practitioner, finds professional misconduct

03 May 2016

The State Administrative Tribunal of Western Australia (the tribunal) has reprimanded a medical radiation practitioner.

The State Administrative Tribunal of Western Australia (the tribunal) has reprimanded Mr Pei Ren Un and disqualified him from reapplying for registration as a medical radiation practitioner for a period of 18 months.

The tribunal decision related to an incident that occurred in October 2014.

In November 2014, the Medical Radiation Practice Board of Australia (the Board) received a notification alleging that Mr Un had engaged in inappropriate sexual behaviour towards a female patient. In a step to keep the public safe, the Board took immediate action and imposed conditions on Mr Un’s registration restricting him from consulting with, or treating, any female patients without a chaperone present.

The Board referred the matter to the tribunal under section 193(1)(a)(i) of the Health Practitioner Regulation National Law as in force in each state and territory (the National Law) as the Board reasonably believed that Mr Un had behaved in a way that constitutes professional misconduct.

Ahead of the tribunal proceedings Mr Un pleaded guilty to, and was convicted of, unlawful and indecent assault of the patient and was sentenced to a 12 month community based order by the Armadale Magistrates Court.

During the course of the tribunal proceedings, Mr Un admitted behaving in a way that constituted professional misconduct, in that he breached professional boundaries and engaged in sexual misconduct. The tribunal also found Mr Un had failed to practise in accordance with the code of conduct for medical radiation practitioners by failing to:

• treat the patient with respect
• obtain the patient’s informed consent
• display a standard of behaviour that warrants the trust and respect of the community, and
• maintain professional boundaries.

Mr Un expressed great remorse for his offending behaviour, which did not meet the professional standards required of a registered medical radiation practitioner. Furthermore, he cooperated with the police and criminal investigation of the matter and provided a formal apology to both the patient and employer. Mr Un also voluntarily attended private sessions for psychological counselling and did not attempt to renew his registration as a medical radiation practitioner when it lapsed on 1 December 2015 and has remained unregistered since.

On 7 April 2016 the tribunal found Mr Un engaged in professional misconduct, reprimanded him by disqualifying him from applying for registration as a medical radiation practitioner for a period of 18 months and ordered him to pay $1,800 in costs to the Board.

The reasons for the tribunal’s decision are on the State Administrative Tribunal (WA) website.