Medical Board of Australia v Blomeley

The case of Medical Board of Australia v Blomeley involved a disciplinary proceeding against Dr Neville Raymond Blomeley, a general practitioner registered since 1995, for engaging in a sexual relationship with a female patient between November 2010 and July 2012. The matter was heard and determined by the Queensland Civil and Administrative Tribunal (QCAT) on the papers. The tribunal was required to determine whether Dr Blomeley's conduct constituted professional misconduct, and if so, what appropriate sanctions should be imposed.

The tribunal found that Dr Blomeley's conduct did indeed constitute professional misconduct as it was substantially below the standard of conduct reasonably expected of a registered medical practitioner. The relationship was deemed to have begun during a consultation and continued despite the patient's vulnerability and the doctor's professional duty to maintain appropriate boundaries. While Dr Blomeley had a long and otherwise unblemished career, his actions were a fundamental breach of professional duty that warranted a sanction carrying general deterrence.

In deciding the appropriate sanction, the tribunal considered various factors, including Dr Blomeley's early acknowledgment of misconduct, cooperation with the investigation, expressions of contrition, and steps taken to improve his understanding of professional boundaries. The tribunal also noted the significant collateral consequences Dr Blomeley had already suffered, such as public disgrace, loss of professional positions, and substantial costs. The tribunal found that a 15-month suspension of Dr Blomeley's registration, a reprimand, and an order for payment of costs were appropriate sanctions. The suspension was set to commence on 1 July 2014 to allow for the transfer of his patients' care with minimal disruption.

In conclusion, the tribunal made several orders, including a finding of professional misconduct, a 15-month suspension of Dr Blomeley's registration, a reprimand, an order for payment of costs, and the continuation of chaperone conditions for 12 months after the suspension period.