‘Predatory’ chiro could practise again
A "PREDATORY" Adelaide chiropractor who filmed patients undressing could be allowed to practise again after a court ruled his lifetime ban was invalid.
Dr Robert Marin, operating under a series of business names, administered unnecessary X-rays to women and young children, filmed patients undressing, charged thousands of dollars for weight loss formulas and told clients they were sick before selling them expensive treatments.
However, despite the 25 pages of complaints made against Marin during a hearing before the Health Practitioners Tribunal in 2017, he could be allowed to one day practise again after his lifetime ban was overturned.
The Hove-based chiropractor was first hauled before the Tribunal in 2008 following the complaints of 10 patients.
Both the Chiropractic Board of Australia and the Australian Health Practitioner Regulation Agency investigated the claims before bringing the complaints before the Tribunal. He was disciplined but allowed to continue practising.
Only a few years later he was once again under investigation following near identical complaints from another 16 patients.
Additionally he had breached restrictions he had entered into while being disciplined in 2008.
During marathon proceedings before the Tribunal, which lasted 23 days and created 1687 pages of transcript, Marin failed to convince the panel of his innocence.
He complained that his time on witness stand was "abuse", that he was "financially bankrupt" following the court proceedings and that there were not enough chiropractors sitting on the expert panel.
The Tribunal ruled that his actions, particularly the unnecessary X-raying of children under 12 and vulnerable clients seeking weight loss was "reprehensible" and "indefensible".
Marin's registration as a chiropractor was permanently cancelled by the Tribunal in August 2017, when he was found to have "demonstrated very serious commercially predatory behaviour, provided highly questionable services (both chiropractic and weight loss), deliberately enabled an ongoing breach of privacy to occur with the use of CCTV, had been dishonest … and had shown no insight at all".
The Tribunal permanently disqualified Marin from applying for registration as a chiropractor.
He was also fined $20,000 and was prohibited from providing health services including weight loss, dietary advice and massage services.
In November last year The Advertiser reported that Marin was enrolled in TAFE classes to become a masseuse.
On Tuesday District Court Judge Dean Clayton dismissed all aspects of Marin's appeal against his punishment except for the order that he be permanently disqualified.
He concluded that the lifetime ban was ultra vires, or beyond the power of the Tribunal to make such an order.
The permanent disqualification was rescinded at Judge Clayton's order, though he upheld all other disciplinary actions handed down in 2017.