Public safer with Ahpra’s 100th criminal prosecution
25 May 2023
Ahpra’s first criminal prosecution was finalised in January 2014 when a West Australian woman was sentenced to a $20,000 fine for claiming to be a registered psychologist. Since then, Ahpra has prosecuted matters throughout Australia with the most in Victoria and NSW.
Alexander Gigney became Ahpra’s 100th criminal prosecution yesterday when he pleaded guilty in the Adelaide Magistrates Court to working unsupervised as a pharmacist for 17 months without any registration. Mr Gigney previously held provisional registration as a pharmacist but did not renew his registration when it expired, despite continuing to work full time in a pharmacy. The Court fined him $1,200 and also placed him on an 18-month community corrections order requiring 42 hours of unpaid community work.
‘Holding out’ cases, where someone is pretending to be registered when they are not, dominated the prosecution list. Some of the most serious individual matters include:
- Majid Rahebi – fake NSW dentist who was twice prosecuted by Ahpra and fined $68,000 for performing dental acts despite having never trained or registered as a dentist. He performed root canal treatment, crowns and tooth extractions. He also administered prescription medications, namely anaesthetics, when he was not authorised to do so.
- Michael Sylvester Dempsey –physiotherapist who held out 11 people as qualified occupational therapists and physiotherapists in a number of aged care homes. Some of those pretending to be registered included completely unqualified taxi drivers and hospitality workers. He was eventually convicted and fined $120,000.
- Mr Shyam Acharya – who used a UK-based doctor’s medical qualifications and identity to practise as a medical practitioner in Australia. After being alerted by the General Medical Council in the UK, Ahpra investigated and he was convicted and fined $30,000 plus legal costs amounting to $22,000.
False or misleading advertising has also kept Ahpra busy. Hance Limboro was convicted of 13 charges in relation to false, misleading and deceptive claims such as that chiropractic treatment can prevent cancer. He was fined a total of $29,500.
Ahpra CEO Martin Fletcher said the 100th prosecution is a significant moment for the organisation.
‘Pretending to be registered when you’re not is a profound breach of trust with the public. We take these matters seriously and will continue to take strong action to ensure public safety,’ Mr Fletcher said.
Professor Tina Cockburn, from the Australian Centre for Health Law Research at Queensland University of Technology (QUT), said such work is vital to maintain public trust in those we need to care for us and our loved ones.
‘The community places a great deal of trust in health professionals. We rely on care providers to be competent to provide safe treatment and truthful advice,’ Prof Cockburn said.
‘Ahpra’s important work prosecuting 100 cases holds offenders to account and deters non-compliance. This is critical to maintain public trust in safe and effective healthcare.’
Background
Many of the most serious matters from the past 100 cases occurred before the National Law change in 2019.
From 1 July 2019, offenders face the possibility of a maximum term of three years imprisonment per offence. They also face an increase in the maximum fines from $30,000 to $60,000 per offence for an individual and from $60,000 to $120,000 per offence for a corporate entity.
Below are details and key moments from Ahpra’s 100 criminal investigations.
By profession:
|
Nursing and Midwifery |
27 |
|---|---|
|
Medical |
20 |
|
Psychology |
16 |
|
Dental |
12 |
|
Pharmacy |
8 |
|
Chiropractic |
6 |
|
Optometry |
3 |
|
Physiotherapy and Occupational Therapy |
2 |
|
Occupational Therapy |
2 |
|
Chinese Medicine |
1 |
|
Physiotherapy |
1 |
|
Paramedicine |
1 |
|
Podiatry |
1 |
|
Grand Total |
100 |
By state:
|
VIC |
35 |
|---|---|
|
NSW |
30 |
|
WA |
12 |
|
QLD |
12 |
|
SA |
10 |
|
TAS |
1 |
|
Grand Total |
100 |
Profession and state:
|
Nursing and Midwifery |
25 |
|---|---|
|
VIC |
12 |
|
NSW |
5 |
|
QLD |
4 |
|
SA |
4 |
|
WA |
2 |
|
Medical |
20 |
|
VIC |
11 |
|
NSW |
4 |
|
QLD |
4 |
|
SA |
1 |
|
Psychology |
16 |
|
VIC |
6 |
|
NSW |
4 |
|
SA |
4 |
|
WA |
1 |
|
QLD |
1 |
|
Dental |
12 |
|
NSW |
7 |
|
VIC |
4 |
|
WA |
1 |
|
Pharmacy |
7 |
|
NSW |
4 |
|
WA |
3 |
|
SA |
1 |
|
Chiropractic |
6 |
|
NSW |
2 |
|
WA |
2 |
|
QLD |
2 |
|
Optometry |
3 |
|
WA |
2 |
|
NSW |
1 |
|
Occupational Therapy |
2 |
|
VIC |
1 |
|
NSW |
1 |
|
Physiotherapy and Occupational Therapy |
2 |
|
VIC |
1 |
|
TAS |
1 |
|
Chinese Medicine |
1 |
|
NSW |
1 |
|
Physiotherapy |
1 |
|
WA |
1 |
|
Paramedicine |
1 |
|
QLD |
1 |
|
Podiatry |
1 |
|
NSW |
1 |
|
Grand Total |
100 |
Types of matters
(Please note, this will not add up to 100 as some advertising cases involve multiple categories):
- Unqualified or fake practitioners: 53
- Suspended or cancelled practitioners: 20
- Lapsed practitioners: 23
- Advertising: 5
- Aged care: 8
- Cosmetic services (injectables or surgery): 11
Penalties
First (and only) sentence of ‘imprisonment’ - Zhi Sin Lee – medical student who failed her final exams, worked as an intern at a hospital despite not being registered. Initially sentenced to two years Intensive Corrections Order (imprisonment to be served in the community), with an additional fine of $10,000. Reduced on appeal to 18 months ICO, fine confirmed at $10,000.
- Unqualified medical intern at Bankstown hospital convicted
- Unqualified medical intern at Bankstown hospital appeals sentence
Fines range from $127,500 (highest) to $2,000 (lowest) where imposed.
Average fine (where fine imposed): $16,542
Other penalties imposed:
- Good behaviour bonds (or equivalent) – 5
- Diversion order – 1
- Community corrections orders - 7
- Charges withdrawn or dismissed due to serious ill health of defendant - 2
Top ten fines
|
Defendant |
State |
Date |
Profession |
Type of offence |
Fine |
Costs |
|
|---|---|---|---|---|---|---|---|
|
Wellness Enterprises Pty Ltd t/a Australian Male Hormone Clinic |
NSW |
3/10/2017 |
Medical |
Advertising - creating unreasonable expectation of beneficial treatment |
$127,500 |
$6,298.0 |
|
|
TAS |
30/04/2019 |
Physiotherapy and Occupational Therapy |
Claims as to registration – others |
Unqualified practitioner/fake; Aged care |
$120,000 |
$25,530.7 |
|
|
VIC |
1/02/2018 |
Medical |
Claims as to registration - self |
Cosmetic services; |
$100,000 |
$14,885.0 |
|
|
Suspended/cancelled practitioner |
|||||||
|
VIC |
7/06/2018 |
Dental |
Use of specialist title - self |
Unqualified practitioner/fake |
$65,000 |
$25,000.0 |
|
|
Restricted dental act |
|||||||
|
CM (No media statement issued due to mental health issues) |
VIC |
11/07/2019 |
Nursing and Midwifery |
Claims as to registration – self |
Unqualified practitioner/fake |
$60,000 |
$4,000.0 |
|
Use of protected title – self |
Aged care |
||||||
|
NSW |
12/03/2020 |
Dental |
Claims as to registration – self |
Unqualified practitioner/fake |
$38,000 |
$9,000.0 |
|
|
Restricted dental act |
|||||||
|
NSW |
21/04/2021 |
Pharmacy |
Claims as to registration – self |
Suspended/cancelled practitioner |
$38,000 |
$2,500.0 |
|
|
NSW |
28/05/2019 |
Podiatry |
Advertising - creating unreasonable expectation of beneficial treatment; |
$30,600 |
$8,000.0 |
||
|
Advertising - false, misleading or deceptive |
|||||||
|
WA |
28/08/2015 |
Nursing and Midwifery |
Claims as to registration - person |
Unqualified practitioner/fake |
$30,000 |
$7,500.0 |
|
|
Use of protected title - person |
|||||||
|
NSW |
3/04/2017 |
Medical |
Claims as to registration - person |
Unqualified practitioner/fake |
$30,000 |
$22,000.0 |
|
|
NSW |
26/10/2018 |
Dental |
Claims as to registration - person |
Unqualified practitioner/fake |
$30,000 |
$6,000.0 |
|
|
Restricted dental act - not specified |
|||||||
- Diversion order – 1
- Charges withdrawn due to serious ill health of defendant - 1
Repeat offenders
(prosecuted for subsequent offending – this excludes individuals prosecuted in more than one state as a result of one investigation)
|
Defendant |
State |
Date |
Profession |
Type of offence |
Type of offending |
Fine |
Costs |
|---|---|---|---|---|---|---|---|
|
Cashman, Anthony (No media statement published ) |
WA |
28/08/2015 |
Optometry |
Claims as to registration – self Restricted optometry act |
Lapsed practitioner |
$15,000 |
$3,000.0 |
|
WA |
5/05/2017 |
Optometry |
Claims as to registration – self Restricted optometry act |
Lapsed practitioner |
$18,000 |
$2,856.0 |
|
Defendant |
State |
Date |
Profession |
Type of offence |
Type of offending |
Fine |
Costs |
|---|---|---|---|---|---|---|---|
|
NSW |
9/05/2018 |
Psychology |
Claims as to registration - person Schedule 6 - false or misleading documents to an inspector |
Unqualified practitioner/fake |
$9,500 |
$5,000.0 |
|
|
NSW |
5/04/2019 |
Psychology |
Use of protected title – person Claims as to registration – self |
Unqualified practitioner/fake |
$25,000 |
$15,200.0 |
|
Defendant |
State |
Date |
Profession |
Type of offence |
Type of offending |
Fine |
Costs |
|---|---|---|---|---|---|---|---|
|
NSW |
26/10/2018 |
Dental |
Claims as to registration - person Restricted dental act - not specified |
Unqualified practitioner/fake |
$30,000 |
$6,000.0 |
|
|
|
NSW |
12/03/2020 |
Dental |
Claims as to registration – self Restricted dental act |
Unqualified practitioner/fake |
$38,000 |
$9,000.0 |
