Charge Detail Summary

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File Number: Chiro18/421P
Practitioner: Dean Julian Kenny


Hearing Start Date:

Hearing End Date:

12/09/2018

12/09/2018


Hearing Town/City: Auckland

Hearing Location:

Peter Healy 1 Room, The Heritage Hotel, 11 Wyndham Street, Auckland, commencing at 9.00 am

 

Executive Officer: Ms Gay Fraser (04) 381 6816


Charge Characteristics:

Documents - dishonest use of/intent of obtaining pecuniary gain (Established)


Legislation – breach of Crimes Act 1961
(Established)


Additional Orders:

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

Permanent suppression of name and identifying details granted to clients referred to in the charge

990Chiro18421p.pdf


Appeal Order:


Decision:

Full Decision 990Chiro18421p.pdf


Appeal Decision:


Precis of Decision:

Charge

On 12 September 2018 the Health Practitioners Disciplinary Tribunal considered a conviction charge laid by the Professional Conduct Committee (PCC) appointed by the Chiropractic Board of New Zealand against Dr Dean Julian Kenny, registered chiropractor of Auckland (the Chiropractor).

The Chiropractor was convicted in the District Court of the offence of dishonest use of a document with intention to obtain a pecuniary advantage for the Accident Compensation Corporation, which is an offence by imprisonment for a term of three months or longer.  The PCC alleged that the conviction reflected adversely on the Chiropractor's fitness to pracise.

The Chiropractor did not participate during the disciplinary process and the charge proceeded by way of a formal proof hearing.

Background

The Chiropractor lodged ACC claims for the treatment of 52 patients when he had not provided treatment.  In addition, he made multiple claims in respect of many of the patients.  The District Court Judge commented that the Chiropractor's behaviour involved planning and premeditation and fortunately had been brought to an end early due to an ACC investigation.

Finding

The Tribunal found the conviction upheld and that it did reflect adversely on the Chiropractor's fitness to practise.

It found that the Chiropractor's dishonesty and breach of trust jeopardised the interests of the patients by claiming for treament which had purportedly been given to them when it had not.  This could alter the understanding of the patient's medical conditions or any future entitlements.  The Chiropractor also abused the trust of the ACC for his own pecuniary advantage.

Penalty

The Chiropractor's registration was cancelled and he was also censured.  The Tribunal imposed conditions that the Chiropractor needs to satisfy before he applies for registration and ordered him to pay 30% of the costs of and incidental to the hearing amounting to $10,000.

The Tribunal directed publication of the decision and a summary.