Dr Nicholas Halliwell applies to keep medical registration at VCAT after rape, indecent assault charges

A neurologist who has been accused of raping a young woman will continue practising in the lead up to the trial after he won a bid to keep his medical registration.

A doctor who has been accused of repeatedly raping a teenager more than 15 years ago has been allowed to keep practising in the lead up to his criminal trial.

Dr Nicholas Halliwell, a neurologist who works in Nowra in regional NSW, has been charged with three counts of rape and non-consensual indecent assault.

The charges allegedly occurred in the late 2000s, when Dr Halliwell was in his 20s

They were first reported to Victoria Police in 2018 and Dr Halliwell was charged in 2022 — more than 15 years after the alleged offences.

Dr Nicholas Halliwell will contest the charges at trial. Picture: File image.

Dr Halliwell will contest the charges at trial.

The Medical Board of Australia (the Board) took immediate action to suspend Dr Halliwell’s registration when he was charged with the alleged offences on August 21, 2023.

He applied to the Victorian Civil and Administrative Tribunal to overturn the suspension earlier this year.

The board’s barrister, Benjamin Jellis, told the tribunal that public confidence in the services provided by health practitioners was of paramount importance.

The alleged offences occurred before Dr Halliwell was a registered medical practitioner. Picture: File image.

Dr Halliwell’s barrister Marion Isobel told the tribunal although the allegations were serious, there was a presumption of innocence.

The charges did not arise from Dr Halliwell’s medical practice and there was no suggestion he posed a risk to patients.

The tribunal also heard he had no criminal record or disciplinary history.

The tribunal found the immediate action taken by the Medical Board was unnecessary.

The tribunal did not find immediate action should be taken against the doctor.

In their decision, Senior Member John Billings and Health Practitioner Members Dr Peter McNeill and Dr Roderick McRae said the immediate action was not in the public interest.

“Immediate action is not required every time a health practitioner’s conduct is brought into question,” they wrote.

They also said there was public interest in health practitioners being able to continue working, especially in regional areas.

Dr Halliwell indicated to the tribunal through his lawyer that he would be “fully” contesting the charges against him.