Victorian former doctor banned for five years for repeated sexual misconduct

21 Mar 2024

A former Victorian doctor has been disqualified from seeking registration and prohibited from providing health services for a further year, until July 2027, for making inappropriate physical contact with a patient's guardian during a consultation.

In 2022, the Victorian Civil and Administrative Tribunal (the tribunal) had found that Dr Shyamal Kanti Datta had inappropriately touched two female patients and he was disqualified from seeking registration or providing health services for four years at that time. He was not registered at that time.

On 10 January 2024 the tribunal disqualified and prohibited Dr Datta from providing health services for a further year for making inappropriate physical contact with the mother (MM) of a young patient, taking the total period of disqualification to five years.

Dr Datta had been referred to the tribunal by the Medical Board of Australia (the Board), who alleged that he kissed MM’s cheek and touched her breast during a consultation with MM’s son.

Dr Datta denied the allegation, however the tribunal was satisfied the allegation was proven and the conduct was professional misconduct.

‘Dr Datta’s conduct was inconsistent with him being a fit and proper person to hold registration in the medical profession,’ the tribunal stated. ‘… he completely lacks insight, contrition or remorse…’

‘Dr Datta’s conduct demonstrates a complete inability on his part to self-regulate his behaviour and warrants a serious outcome. Dr Datta continues to deny undeniable conduct.’

The tribunal outlined it had no confidence that the conduct would not be repeated if Dr Datta were to return to practice in the foreseeable future.

'We intend to signal to the medical profession that serious adverse consequences will follow conduct of the kind that Dr Datta engaged in so as to deter others from the same conduct, in the interests of maintaining professional standards and public confidence in the profession and the regulatory system.

Read the tribunal’s 2022 decision or 2024 decision on the AustLII website.