Charge Detail Summary

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File Number: HP/17/392P
Practitioner: Jeremy Nathan Spence


Hearing Start Date:

Hearing End Date:

01/11/2017

02/11/2017


Hearing Town/City: Hamilton

Hearing Location:

1  & 2 November 2017, Conference Room 4, Distinction Hamilton Hotel, 100 Garnett Avenue, Te Rapa, Hamilton, commencing at 9.00 am

3 November 2017, Hudson Room, Hamilton Airport Hotel & Conference Centre, 201 Airport Road, Tamahere, Hamilton, commencing at 9.00 am

Executive Officer: Debra Gainey (04) 381 6816


Charge Characteristics:


Additional Orders:

Name Suppression to Practitioner

Practitioner granted interim suppression of name, address, occupation and other identifying details

904HP17392P.pdf


Name Suppression to Complainant and/or Patient and/or client

Patient and daughter granted interim suppression of name and identifying features

904HP17392P.pdf


Appeal Order:

Name Suppression to Practitioner
Outcome
Practitioner appealed to High Court against the Tribunal's decision to decline permanent name suppression. Practitioner withdrew the appeal.


Decision:

Substantive Decision 930HP17392P.pdf


Appeal Decision:

Full Decision
Outcome

The PCC appealed to the High Court against the decision of the Tribunal.  The High Court upheld the appeal PCC v R [2018] NZHC 2531.  With agreement of the parties the High Court is to determine penalty.  The High Court reserved its decision on name suppression until a penalty hearing is held.  The practitioner withdrew the appeal against lifting name suppression.

The High Court penalty decision was released on 2 July 2019 PCC v Spence [2019] NZHC 1516.



Precis of Decision:

Charge

At a hearing held on 01 - 02 November 2017, the Health Practitioners Disciplinary Tribunal considered a charge laid by a Professional Conduct Committee (PCC) against Mr Jeremy Nathan Spence, physiotherapist of Hamilton (the Physiotherapist).

The charge alleged that the Physiotherapist behaved inappropriately towards a patient or former patient.

The charge was defended by the Physiotherapist.

Findings

The Tribunal found the Physiotherapist breached his obligations under the Regulatory Authority's Code of Conduct and relevant professional rules and the charge was established, however the misconduct was not determined serious enough to impose disciplinary sanction.

 

The Physiotherapist appealed the Tribunal's Order declining permanent name suppression.  The Professional Conduct Committee appealed the decision of the Tribunal on liability to the High Court.  The appeal was upheld PCC v R [2018] NZHC 2531.  With agreement from the parties, the Court undertook a hearing as to penalty and reserved its decision on the issue of name suppression until after penalty.

The Physiotherapist withdrew his appeal against the Order declining permanent name suppression and on 2 July 2019 the High Court released its decision on penalty PCC v Spence [2019] NZHC 1516.  The High Court ordered the Physiotherapist be censured and pay $2,500 in respect of both the costs incurred by the PCC for the investigation and prosecution and in respect of the appeal and penalty hearing.