Dr John Balafas - General Practitioner - Disqualification and prohibition order for unsatisfactory professional conduct and professional misconduct

22 December 2022

The Health Care Complaints Commission prosecuted a complaint against general practitioner Dr John Balafas before the NSW Civil and Administrative Tribunal (‘the Tribunal’).

It was alleged that in 2009, while working at Bondi Medical Centre, Dr Balafas engaged in inappropriate behaviour of a sexual nature towards two female patients.

In its (Stage 1) decision of 14 December 2021, the Tribunal determined that Dr Balafas was guilty of both unsatisfactory professional conduct and professional misconduct. It found that he had conducted an internal pelvic examination of a female patient without her informed consent and engaged in sexually exploitative conduct for his own sexual gratification, noting that ‘sexual exploitation of a patient is at the highest end of the spectrum of seriousness’. Dr Balafas also failed to keep adequate medical records with regards to her treatment. The Tribunal also determined that Dr Balafas inappropriately conducted a pap smear, internal pelvic examination and breast examination on another female patient without her informed consent, and without keeping appropriate medical records. The initial (Stage 1) decision can be found hereNSW Caselaw

In making its protective orders on 21 December 2022, the Tribunal noted that Dr Balafas had not been registered since March 2022.  It determined that if Dr Balafas was still registered it would have cancelled his registration, and disqualified him from being registered for a period of three years.  The Tribunal also made a prohibition order preventing Dr Balafas from providing any health services until such time as he is reinstated as a medical practitioner.

The Stage 2 decision can be found here: NSW Caselaw

Further Information

For further information, contact the Executive Officer of the Health Care Complaints Commission, on 9219 7444 or send an email to media@hccc.nsw.gov.au.

The information in this media release is correct at the time of publication. Orders may change; for example, conditions may no longer apply.  For current information regarding the status of a registered health practitioner, including any conditions that currently apply, please check the National Register at www.ahpra.gov.au

 

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