Medical Practitioner v Medical Board of Australia and Act Civil and Administrative Tribunal

The appellant, a medical practitioner, appealed against the decision of the ACT Civil and Administrative Tribunal, which had suspended their registration for 12 months. The Medical Board of Australia brought the proceedings, alleging that the appellant had engaged in professional misconduct by having a sexual relationship with a patient. The relationship was said to have breached the Code of Conduct applicable to medical practitioners, particularly by putting public safety at risk.

The key issue for the court was whether the tribunal was correct in concluding that the appellant's conduct engaged the concept of public safety and warranted the suspension. The court examined whether there was evidence to support the finding that the appellant's actions put public safety at risk by breaching the sexual mores in the Code of Conduct. The court found that the tribunal had erred in concluding that the appellant's conduct put public safety at risk. The tribunal had not provided a rational basis for its finding, and the evidence did not support the conclusion that the appellant's conduct breached the Code of Conduct in a way that put public safety at risk.

The court concluded that the tribunal's decision was unreasonable and should be set aside. The court varied the tribunal's orders to reduce the appellant's suspension period to six months. The court emphasised that the reduced suspension period was still sufficient to uphold the public interest in maintaining professional standards and ensuring public confidence in the medical profession.