Medical Board of Australia v Duck

The Medical Board of Australia initiated proceedings against Dr Duck, a registered medical practitioner, alleging that he had engaged in professional misconduct that warranted the cancellation of his registration and a disqualification from applying for re-registration. The allegations included that Dr Duck had engaged in sexually inappropriate behaviour with a patient, thereby breaching professional boundaries. The case was heard in the Federal Court of Australia.

The court was required to determine whether the allegations of misconduct were substantiated and, if so, whether they warranted the severe penalties of registration cancellation and a two-year disqualification from re-registration. The key issue was whether Dr Duck's conduct constituted professional misconduct, and if so, whether such misconduct was of a severity warranting the proposed penalties. The court had to consider the relevant statutory criteria for professional misconduct under the Health Practitioner Regulation National Law (Vic), as well as relevant case law and guidelines on the expected standards of professional conduct.

The court found that the evidence established that Dr Duck had engaged in a pattern of inappropriate sexualised behaviour with a patient, which amounted to a serious breach of professional boundaries. The court concluded that this conduct constituted professional misconduct, as it was not only contrary to the expected standards of medical practice but also undermined the trust and integrity of the medical profession. Given the severity and frequency of the misconduct, the court deemed the proposed penalties of registration cancellation and a two-year disqualification to be appropriate. The practitioner's registration was accordingly cancelled, and he was disqualified from applying for re-registration for a period of two years.