Medical Board of Australia v Costley

The Medical Board of Australia sought to deregister Dr Terence Costley in proceedings before the State Administrative Tribunal. The Board alleged that Dr Costley had engaged in sexual misconduct with two patients, and improper conduct with a third patient. In addition, the Board alleged that Dr Costley had engaged in conduct falling short of the standard expected of a medical practitioner in two other matters. The parties agreed as to the relevant facts and the characterisation of the conduct. The matter proceeded to a hearing as to the appropriate penalty to be imposed. The Board argued that Dr Costley's registration should be cancelled and his name removed from the register. Dr Costley submitted that the appropriate penalty was a period of suspension rather than deregistration. The Tribunal examined a number of decisions involving similar conduct that had been reported in various jurisdictions. It concluded that the circumstances surrounding the findings of sexual misconduct and improper conduct were such that the appropriate penalty was cancellation of the respondent's registration as a medical practitioner. In relation to the two less serious findings of conduct falling short of the standard expected of a medical practitioner, the Tribunal imposed fines of $1,000. The Tribunal also ordered the respondent to pay the Medical Board's costs, although in a sum significantly less than the costs claimed by the Board. The Tribunal discussed the principles to be applied in relation to the award of costs in vocational regulatory matters before the State Administrative Tribunal.