The Human Rights Review Tribunal has ordered a former caregiver to pay $40,000 damages and costs for inappropriate sexual behaviour with a disabled teenager in his care.
David O'Malley encouraged the 17-year-old intellectually disabled patient and the teen's girlfriend to conduct sexual acts in front of him and on him when he was there to provide disability services in 2006, the tribunal found.
The teen was living independently with O'Malley assigned as his caregiver at the time of the inappropriate behaviour, while O'Malley was employed by the Wanganui-based Te Oranganui Iwi Health Authority.
On June 17, 2006, O'Malley, the teen and his girlfriend played poker and O'Malley suggested that whoever lost a game should have to do a dare.
These involved O'Malley exposing himself to the teens, encouraging his patient to do the same and suggesting his patient's girlfriend perform oral sex on him.
She felt she had no choice but to do so, the tribunal said.
On later occasions when O'Malley came to the house, he would make sexual comments, watch pornography and verbally abuse his patient's girlfriend.
He also made sexual advances toward her and said that the women should be willing to have sex upon his demand.
In June 2006, the teen's mother complained to O'Malley's supervisor, who later started a disciplinary process.
O'Malley was fired in August 2006 and the Office of the Health and Disability Commissioner was notified, and later filed the Human Rights Review Tribunal proceedings.
The tribunal found O'Malley had breached a number of sections of the Health and Disability (Code of Health and Disability Services Consumers' Rights) Regulations by failing to treat his patient with respect and dignity, exploiting him and failing to provide appropriate role modelling.
The teenager, who had the mental age of a 10-year-old, was "extremely vulnerable", had been sexually abused previously, and suffered from autism and intellectual disabilities.
He later tried to kill himself.
O'Malley, who chose not to participate in the tribunal proceedings, was ordered to pay $20,000 in damages and an additional $10,000 in exemplary damages and $10,000 in costs.
