Mr Malcolm Desland - Psychologist – Professional Misconduct and Unsatisfactory Professional Conduct

9 February 2022

The Health Care Complaints Commission prosecuted a complaint against Mr Malcolm Desland, a registered psychologist, before the NSW Civil and Administrative Tribunal. It was alleged that the practitioner’s care and treatment of Patient A was inappropriate and of a poor standard, in that he:

• Failed to adequately manage Patient A’s mental health condition.
• Failed to maintain proper professional boundaries, including by corresponding and seeing Patient A outside of formal consultations.
• Made inappropriate comments and disclosures and on occasion lost his composure and swore at Patient A.
• Entered into a contract with Patient A with terms including providing his psychological services without payment and paying her a weekly sum to be re-paid at a later date when she had gained full-time employment.

On 7 February 2022, the Tribunal found the majority of the complaint proven and found the practitioner guilty of professional misconduct ( and unsatisfactory professional conduct). The Tribunal ordered that the practitioner be reprimanded and that his registration be subject to a number of strict protective conditions, including regular supervision ( with supervision reports to be provided to the Psychology Council) and an audit of his practice.

The full decision can be found here: NSW Caselaw.

Further information

For further information, contact the Executive Officer of the Health Care Complaints Commission, on 02 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.