NEWS-HR

A retired Hawthorn doctor has been arrested and charged with a range of serious sexual crimes, including rape, that were allegedly committed during medical consultations as far back as the late 1970s. A warrant was executed at the Balwyn North home of Dr Con Kyriacou on Thursday morning and he has been charged with 35 offences. The 75-year-old was later released on bail. Dr Kyriacou’s arrest comes after three former patients went public with claims about Dr Kyriacou in November after concern about inaction by the national health regulator. The women had independently lodged complaints about Dr Kyriacou’s behaviour with the Australian Health Practitioner Regulation Agency (AHPRA) beginning in 2016, which has been investigating the claims of misconduct for more than two years. Dr Kyriacou, who was aware he was under scrutiny, voluntarily withdrew from the register of medical practitioners in August 2017, claiming he was suffering from a brain injury. The complaints involved allegations that during consultations – in some cases dating back to the late 1970s – Dr Kyriacou made inappropriate comments or inappropriately touched them. The nature of their allegations cannot be published because Dr Kyriacou has been charged with criminal offences. A former patient, now aged 49, made an initial complaint about Dr Kyriacou’s behaviour to the Medical Board of Australia in 2004 but later withdrew it over concerns she would not believed. She filed a filed a formal complaint with AHPRA in July 2016. A second patient went to the police and the board in 2004 and 2008, before making an official complaint to AHPRA in August 2016. She says police at that time told her the case was weak because it was her word against his. A third ex-patient also complained to AHPRA, providing a sworn statement in January 2018. All three women have previously described growing frustrated at the pace and thoroughness of AHPRA’s investigation and, concerned that the disciplinary process had stalled, decided to air the allegations. The coverage prompted numerous other women to come forward claiming to be victims and sparked an investigation by Victoria Police’s sexual offences and child abuse investigation team (SOCIT) in Box Hill. The Age understands more than 20 former patients – all women – have now made statements against Dr Kyriacou to Box Hill SOCIT. That investigation culminated in the criminal charges laid against Dr Kyriacou on Thursday. Dr Kyriacou is set to appear in the Melbourne Magistrates Court in early January. Dr Kyriacou’s lawyer, John Petts from Kennedys, could not be reached for comment. However, Mr Petts has previously said his client denied the allegations and was suffering from a “significant cognitive impairment” that impeded his memory. “You have questioned how it could be that Dr Kyriacou cannot recall these patients but can deny the alleged actions. The answer is that when these allegations were first made, Dr Kyriacou was able to provide clear instructions and he denied the allegations,” Mr Petts said. Following the result of an assessment in March 2018, psychiatrist Dr Peter McArdle concluded that Dr Kyriacou was “not cognitively well enough to brief his solicitor nor be a capable witness in court”. “When I quizzed him about the allegations he initially said that he couldn’t remember any of these people or the allegations and he denied them altogether,” Dr McArdle said. That diagnosis is set to be challenged in January during professional misconduct proceedings brought against Dr Kyriacou by the health regulator in the Victorian Civil and Administrative Tribunal.

A disability carer has become the fifth overseas-born person to drown in waters off Glenelg in just under three years. The body of Nepalese immigrant Nischal Ghimire was found by water operations police floating near West Beach boat ramp just after 7.30pm on Friday. The discovery brought to an end a desperate 17-hour search for Mr Ghimire, who had been looking after a 10-year-old boy with a disability when he disappeared sometime on Thursday night.

A s.185 (Enterprise agreement) application from Healthe Care Australia Pty Limited T/A Belmont Private Hospital, Currumbin Private Hospital, Townsville Private Hospital, Robina Private Hospital for its Healthe Care (Queensland Private Hospitals) and QNMU/ANMF – Nursing Enterprise Agreement 2018-2022 has been approved by Fair Work Commissioner Bissett in Melbourne on 21 December 2018.

Bupa Griffith residents are “very afraid” their aged care home could be shut down over health problems, according to former Victoria Health Services report.

Queensland’s proposed “right to health services” could force ­nurses to put themselves at risk to treat dangerous ice-affected ­patients, according to the state’s nursing union, which is pushing for an independent review of the government’s human rights bill. The move by the Queensland Nurses and Midwives Union comes amid a broader union push to enshrine the “right to strike” and “fair” minimum wage in the new law, which business has said would drag industrial disputes into the courts. Labor’s bill would have Queenslanders complain to a new human rights commission if a state agency violates any of 23 proposed human rights, and appeal to the courts if they have a lawsuit on foot. Judges could ­advise parliament about rights breaches, but they would not be allowed to strike down laws. The union says in a submission to parliament: “Given the haste with which the government has introduced the bill, QNMU council is still formalising its position. In our view, the government should consider referring the matter to the Queensland Law Reform Commission for further deliberation.’’ The union warned an unqualified right to health services could endanger nurses and midwives. “Drugs such as crystal methamphetamine (ice) can produce psychotic, life-threatening episodes where the individual is unaware of the extent of their own injuries/condition,” its submission reads. “In our view, the bill must not include an unqualified right that may compromise the health and safety of another person … Nurses and midwives have a right to a safe workplace.” The Queensland Council of Unions lamented the reluctance of parliament to “redress the decline in union membership by positively framing the advantages of union membership”. “Enforcement of positive right to join a union is rare if not non-existent. The dismantling of legislative protections for unions has allowed anti-union activity to flourish with impunity,” QCU told parliament. The QCU would enshrine rights to take protected industrial action, a fair minimum wage, equal opportunity, collective bargaining, reasonable limits on hours, and safe and healthy working conditions. Business groups rejected the QCU’s plan. Shane Rodgers, the Queensland head of Ai Group, said combining industrial relations and human rights laws “would be a recipe for confusion and uncertainty”. “The courts are already busy enough without diverting to the courts matters that belong in the Fair Work Commission and the Queensland Industrial Relations Commission,” he said. Mr Rodgers said state and federal industrial law “deals comprehensively with these ­issues in a way that provides a balance between the interests of employees and employers”. Chamber of Commerce and Industry Queensland’s head of industry Dan Petrie said the Fair Work Commission was “one of the most well-resourced workplace inspectorates globally”. “The core thrust of the QCU submission seems to focus on redressing declining membership rates over the last two decades, which are primarily due to the changing nature of the global economy and subsequent technological advances over the same time period,” he said.

A Warrigal Care staff member has been stood down amid allegations she used “excessive force” against a dementia patient at the aged care provider’s Warilla nursing home. Two staff members reported the allegation to managers on December 24, prompting Warrigal to immediately suspend the woman and report the matter to police. Warrigal acting executive officer Craig Smith said on Friday that the incident, alleged to have occurred sometime in December, involved the staff member “using more force than necessary with the resident”. He said the exact details of what took place were still being determined.

Professor Kerse has been appointed the inaugural Joyce Cook Chair in Ageing Well, a role made possible by a $5 million gift to the University’s For All Our Futures fundraising campaign from Metlifecare founder Cliff Cook.

A s.185 (Enterprise agreement) application from the Continence Foundation of Australia Ltd T/A Continence Foundation of Australia for the Nurses (National Continence Helpline) Enterprise Agreement 2016-2020 has been granted by Fair Work Commissioner Cribb in Melbourne on 21 December 2018.