The case of Chiropractic Board of Australia v Riordan [2024] SACAT 110 serves as a striking reminder of the serious consequences that can arise when health practitioners fail to meet their professional obligations—particularly in relation to maintaining professional indemnity insurance (PII). The Tribunal found that Dr. David Riordan, a chiropractor, engaged in professional misconduct by practising without PII for 20 months and subsequently making false declarations about his compliance.
This case offers several key lessons for healthcare professionals (including psychologists and occupational therapists).
1. Professional Indemnity Insurance Is Non-Negotiable
The Tribunal reaffirmed that maintaining appropriate PII is a fundamental obligation for all registered health practitioners. As noted in Chiropractic Board of Australia v Oborne [2023] VCAT 770 (referenced in paragraph 10), PII ensures that patients are protected if something goes wrong during treatment. Practising without PII leaves patients vulnerable and undermines public trust in the profession.
Lesson: Health practitioners must treat PII as an essential safeguard, not an optional administrative task.
2. False Declarations Compound Professional Misconduct
Dr. Riordan admitted to recklessly submitting false declarations in his registration renewals, claiming he had PII when he did not (paragraphs 11-13). The Tribunal found that his conduct was not merely negligent but constituted reckless behaviour—he had made no effort to verify his insurance status before signing the declarations.
Lesson: Honesty in professional declarations is critical. Misleading regulators, even if unintentional, can escalate misconduct findings.
3. Personal Circumstances May Mitigate But Do Not Excuse Misconduct
The Tribunal acknowledged Dr. Riordan’s significant personal challenges during the relevant period (paragraphs 30-32). While these circumstances helped explain his oversight to the Tribunal, they did not absolve him of responsibility. The primary consideration in disciplinary proceedings remains public protection, not personal hardship.
Lesson: While tribunals may consider mitigating factors, practitioners must still uphold professional standards regardless of personal difficulties.
4. Delayed Disclosure Worsens Regulatory Outcomes
Dr. Riordan became aware of his insurance gap in September 2021 but failed to immediately disclose it to AHPRA (paragraphs 21-23). Instead, he submitted incomplete audit documents, creating the impression of an attempt to conceal the lapse. The Tribunal viewed this lack of candour and avoidance of forthcoming notification as aggravating the misconduct.
Lesson: Prompt and transparent reporting of compliance failures is essential. Delays or omissions can lead to harsher sanctions.
5. Sanctions Serve Protective and Deterrent Purposes
The Tribunal imposed a reprimand, conditions on registration, and a $10,000 fine (paragraphs 44-48) on Dr Riordan. While suspension was considered, the fine was deemed sufficient to achieve deterrence without unduly punishing Dr. Riordan. The conditions require him to annually verify his PII with the Board for five years.
Lesson: Disciplinary sanctions are not punitive but aim to uphold professional standards and deter others from similar misconduct.
Conclusion: A Cautionary Tale for All Practitioners
This case underscores the importance of:
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Maintaining continuous PII coverage
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Ensuring accuracy in regulatory declarations
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Acting promptly to rectify and disclose compliance failures
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Recognising that personal challenges do not override professional duties
For health practitioners, the message is clear: compliance with PII requirements is not just a bureaucratic formality—it is a critical component of ethical practice and patient safety without which significant penalties may apply.
For the full decision, see Chiropractic Board of Australia v Riordan [2024] SACAT 110.
This article is for informational purposes only and does not constitute legal advice. Practitioners should consult their regulatory board for guidance on compliance obligations.
