Physiotherapist disqualified for 12 months after having sex with patient

A former Canberra physiotherapist who had sex with a patient has been told he cannot apply to practise again for 12 months.

Hamish Neil van der Hoek was found to have behaved in a way that constituted professional misconduct and was reprimanded by the ACT Civil and Administrative Tribunal (ACAT) late last month.

The Physiotherapy Board of Australia took him to the tribunal, then both he and the board decided upon a statement of agreed facts, findings and determinations earlier this year.

Mr van der Hoek, who had been a registered practitioner since 2017, gave physiotherapy services to a patient over seven appointments in 2022, one of which he provided free of charge.

They discussed personal matters during the appointments, including “love languages” and his relationship status.

He gave her details of an Airbnb property he owned and didn’t charge her when she stayed there for a weekend.

During the last appointment, he told her something like, “I really like you, and I’d like to get to know you better. Would you like to go out on a date after this appointment?”

She agreed and the pair kissed. Afterwards, they went rock climbing and had dinner and had consensual sex over two days.

Mr van der Hoek ended their relationship four days later.

ACAT Senior Member Daniel Stewart said Mr van der Hoek’s conduct represented a breach of the code of conduct in establishing a sexual relationship with someone who, at least at the time in which the relationship was initiated, was under his care.

“The respondent’s [Mr van der Hoek’s] conduct prior to the final appointment also indicated that they were not clear about the professional boundaries that must exist in professional relationships,” Senior Member Stewart said.

“While the agreed facts do not go to the vulnerability of the patient, and there is no suggestion the personal relationship entered into was other than consensual, the importance of maintaining clear professional boundaries in dealing with clients and the lack of awareness of this importance by the respondent suggests that the respondent’s conduct was substantially below the standard reasonably expected of any registered health practitioner, let alone one with the respondent’s experience.”

He said the board had not received any other complaints about Mr van der Hoek.

“His responses to the investigation by the board generally demonstrate his remorse for the actions which followed from his lack of awareness of his professional responsibilities,” he said.

Mr van der Hoek didn’t renew his physiotherapist registration when it lapsed in October 2023.

In addition to being reprimanded by ACAT, he was disqualified from applying for re-registration as a health practitioner for 12 months.