Physio overturns work ban despite sexual assault charges

Hany Bebawy was granted a stay on his practice ban by the Victorian Civil and Administrative Tribunal (VCAT) on the condition that he work only in pre-approved locations and not have any contact with female patients.

A VCAT deputy president said the tribunal had to strike a balance between protecting the public and not "putting people out of business".

Mr Bebawy will be able to resume his physiotherapy practice as soon as the Physiotherapy Board of Australia (the Board) approves his proposed work locations.

Mr Bebawy was a veterinarian in Egypt before coming to Australia in 2009 and retraining as a physiotherapist in 2018.

He had established three successful practices in Melbourne but in November 2022 a female patient accused him of sexual assault.

The patient told Victoria Police Mr Bebawy had allegedly "'massaged' her breasts including her nipples and moved her underwear aside to touch the outside of her labia during a consultation, according to the VCAT decision released on June 18.

Victoria Police told the National Health Practitioners Regulation Agency (AHPRA) it was investigating the matter in December 2022.

Mr Bebawy denied the allegations, saying he had never touched the patient's breasts and his "examination" of the patient's labia was clinically justified and performed with her consent.

In March 2023, the Board placed conditions on Mr Bebawy's registration because he "posed a serious risk" to his patients and "it was necessary to take immediate action to protect public health or safety".

He was forbidden from performing any "external pelvic floor examinations" and from touching within 5cm of a patient's perineum.

But in June 2023 a second female patient alleged Mr Bebawy had massaged her "on the buttocks and upper thigh area very close to the perineum".

The Board responded by forbidding Mr Bebawy from any physical examination or treatment of the perineum.

In March 2024 Mr Bebawy told the Board he had been charged with two counts of sexual assault over the November 2022 allegations.

After reviewing evidence from Victoria Police, the Board suspended Mr Bebawy on April 5.

The police brief included evidence from forensic physician Maaike Moller in which Dr Moller said she saw no clinical justification for Dr Bebawy touching the patient's vulva and no evidence of clear consent from the patient.

The police notes also included evidence from the patient, who alleged Dr Bebawy was "really pushy" in attempting to form a relationship with her over several appointments leading up to the alleged assault.

VCAT deputy president Ian Proctor described the patient's evidence as "a detailed and compelling account" and said the alleged conduct was "serious and highly concerning".

But Mr Proctor said Mr Bebawy's alleged actions were also "not at the higher end of the spectrum of offending" and he was innocent until the charges were proven.

"This criterion supports a stay [of his suspension]," Mr Proctor said.

The Board argued even the strictest conditions would be inadequate to protect the public while Mr Bebawy fought for the suspension to be permanently overturned later in 2024.

Mr Proctor disagreed, deciding a ban on contact with female patients would "sufficiently support the maintenance of the public interest in confidence in the regulatory system".