Medical Board of Western Australia and Smith

The Medical Board of Western Australia brought a case against Leonie Smith, a medical practitioner, alleging she engaged in infamous conduct in a professional respect. Smith is accused of having an intimate personal relationship with a patient while acting as the patient's general practitioner. This conduct is alleged to contravene the Medical Act 1894 (WA). The tribunal was tasked with determining whether Smith's actions constituted "infamous conduct in a professional respect" and whether the nature of her relationship with the patient warranted disciplinary action.

The central legal issue was whether Smith's conduct, specifically her intimate personal relationship with a patient, amounted to infamous conduct in a professional respect. The tribunal had to consider the definitions of "infamous conduct in a professional respect" and "improper conduct in a professional respect" as set out in the Medical Act 1894 (WA). The tribunal also examined the nature of the relationship between Smith and the patient during the period when Smith was the patient's general practitioner.

In reaching its decision, the tribunal found that Smith's conduct was indeed infamous in a professional respect. The tribunal noted that Smith had encouraged and/or permitted a close personal relationship of an intimate and emotional nature with the patient during the time she was providing medical care. The tribunal concluded that such conduct was inherently problematic and breached professional standards. Accordingly, the tribunal ordered that Smith's registration be suspended for 12 months.

The tribunal's final orders included finding Smith guilty of infamous conduct in a professional respect and suspending her registration under the Medical Act 1894 (WA) for 12 months.