Disgraced Maclean GP Dr Andrew Graham McNab registration cancelled over aggravated sex act on patient, prison time in New Zealand
A Northern NSW doctor in hot water for performing an aggravated sexual act on a patient also had his run-ins with the law in New Zealand, a tribunal has heard.
Grafton
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A Northern NSW doctor convicted of performing an aggravated sexual act on a patient more than half his age had a slew of criminal convictions in New Zealand, an Australian Health Tribunal hearing has heard.
Disgraced Maclean GP Andrew Graham McNab found guilty of unsatisfactory professional conduct and professional misconduct by the NSW Civil and Administrative Tribunal in April.
A second hearing to determine what protective measures might be put in place was held in August, when McNab did not appear.
The hearing was told the now 70-year-old had been convicted in 1995 in New Zealand of 20 criminal offences of using documents for pecuniary advantage and sentenced to 20 months in prison for his conduct.
McNab’s conduct involved fraudulent benefits claims over a protracted period, and included a large number of multiple claims for the same patient; claims for patients who were overseas at the time of the claim and claims for patients who were deceased, the tribunal heard.
In 1996, the Medical Council of New Zealand struck McNab’s name off the New Zealand Medical Register as a result of the convictions.
Attempts to be reinstated failed, along with appeals to overturn his conviction.
McNab also pleaded guilty and was convicted in New Zealand of six criminal offences of acting as a medical practitioner and administering prescription medicines while not registered as a doctor, according to court facts.
He was sentenced to 200 hours community service for working at a medical centre in 1998 despite written instructions from the New Zealand Medical Council not to do so.
McNab was successful in being reinstated as a GP in New Zealand in 2003 under supervision for three years.
After unsuccessful attempts to be registered in Australia, McNab was granted registration as a medical practitioner in 2011.
He was convicted in March 2020 of one count of carry out sexual act with another person without consent and sentenced to a 12-month community correction order.
Later appeals at Lismore District Court and the Supreme Court were unsuccessful and dismissed.
After the second hearing, Justice James Stevenson said he saw no alternative but to cancel McNab’s registration in light of the New Zealand history, and the 2020 conviction for carry out sexual act with another person without consent.
He said McNab subjected a patient to criminal conduct and had shown no remorse.
“The practitioner now has engaged in criminal conduct in the course of medical practice on three occasions over a period of 15 years,” Justice Stevenson said.
He said McNab willingly acted in defiance of previous regulatory orders and did not offer any evidence, intention or plan to remediate his offending behaviour.
McNab’s registration has been cancelled for five years and he is prohibited from providing a health service for five years.
He was also ordered to pay costs.
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