Victorian chiropractor sentenced for practising while suspended

News

10 Jan 2025

Key points

David John Williams was charged with four counts of holding himself out as a registered practitioner when his registration was suspended.
Mr Williams continued to practise at the clinic he owned in Melbourne for a period of at least 16 months, despite being fully aware of his suspension.
Mr Williams was sentenced to complete 120 hours of unpaid community work as part of a 12-month community corrections order. He was also ordered to pay $15,000 in legal costs.
Mr Williams’ company Teenbec Pty Ltd also pleaded guilty to charges relating to its failure to produce documents and provide information as required by a legal notice served on it by Ahpra.
Charges were laid by the Australian Health Practitioner Regulation Agency (Ahpra)

A suspended chiropractor has been sentenced to a 12-month community corrections order including 120 hours of unpaid community work, after he continued to practise for more than a year while suspended.

David John Williams was convicted following charges laid by the Australian Health Practitioner Regulation Agency (Ahpra). He was ordered to pay $15,000 in legal costs to Ahpra, and his company Teenbec Pty Ltd was also convicted and fined a total of $8,000.

Ahpra prosecuted David John Williams for holding himself out as a registered chiropractor over 16 months in contravention of the Health Practitioner Regulation National Law (National Law).

The Chiropractic Board of Australia suspended Mr Williams’ registration in April 2022 to protect public health or safety. In 2023 Ahpra received complaints from WorkSafe, the Transport Accident Commission and a home care service provider alleging that Mr Williams had continued to provide chiropractic services while suspended.

In May 2023 Ahpra’s Criminal Offence Unit advised Mr Williams they were investigating alleged offending and warned him he must not use protected titles or hold himself out as a chiropractor. However, Ahpra’s investigation uncovered evidence that Mr Williams continued to practise as a chiropractor until at least 28 August 2023.

During the investigation, Ahpra inspectors issued Mr William’s company Teenbec Pty Ltd with a notice to produce relevant documents and information. Teenbec Pty Ltd unlawfully failed to provide the information and documents sought.

Despite this, Ahpra’s inspectors were able to obtain evidence that revealed Mr Williams had continued to work as a chiropractor at his clinic for 16 months after his registration was suspended, issuing invoices totalling over $60,000 over this period.

On 10 January 2025 in the Magistrates Court of Victoria the practitioner pleaded guilty to four charges of holding himself out as a registered chiropractor and Teenbec Pty Ltd pleaded guilty to two charges in relation to its failure to comply with a legal notice issued to it by an Ahpra inspector.

Magistrate Jason Ong said Mr Williams conduct was a ‘gross breach of trust’ which ‘diminishes the public’s confidence in the health care system.’

‘Patients were entitled to believe you were registered…As a result of your wilful, sustained disregard and defiance of the law you have put members of the public at risk.’

Acting Ahpra CEO Mark Edwards welcomed the court outcome.

‘Practising while suspended undermines public safety and risks damaging the faith people have in registered health practitioners to provide safe, quality healthcare,’ Mr Edwards said.

Chiropractic Board of Australia Chair, Dr Wayne Minter said the sentence reflected the seriousness of the offence.

‘Registration is not optional, and neither is suspension,’ Dr Minter said. ‘This is an important reminder that a person cannot hold themselves out as a chiropractor, or as any other registered health practitioner, unless they are entitled to do so.

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