Lee v Medical Board of Australia

The case involves Dr Kenneth Lee, who applied for the review of a decision by the Medical Board of Australia (the Board) to refuse to revoke the suspension of his medical registration. The Board had suspended Dr Lee's registration on the basis of charges of domestic violence against him. The Board had formed a reasonable belief that immediate action was required to protect public health or safety and was also in the public interest. The Board had refused to revoke the suspension of Dr Lee's registration. The Tribunal was required to determine whether the Board's decision was correct. The Tribunal found that the evidence supported a reasonable belief that Dr Lee poses a serious risk to persons and that it is necessary to take immediate action to protect public health, and that taking immediate action is also in the public interest. However, the Tribunal found that the appropriate form of immediate action was to impose conditions on Dr Lee's registration, rather than suspending his registration entirely. The Tribunal imposed a set of conditions on Dr Lee's registration, including a prohibition on treating female patients, a requirement to disclose the charges to patients, and a requirement to submit to an audit of his practice.