TXA v Medical Board of Australia

The Queensland Civil and Administrative Tribunal was required to determine whether the Medical Board of Australia's decision to suspend the applicant's registration as a health practitioner was justified. The applicant, a general practitioner, had propositioned a patient's wife, Mrs P, for a sexual relationship. The Board found that the applicant's conduct constituted a serious risk to persons and justified immediate action under section 156 of the Health Practitioner Regulation National Law (Queensland). The applicant contested the Board's decision, arguing that his conduct did not pose a serious risk to persons and that his registration should not be suspended. The primary issue before the Tribunal was whether the Board's decision to suspend the applicant's registration was justified. The Tribunal considered the nature of the risk, the likelihood of the risk eventuating, and the seriousness of the consequences if the risk was to occur. The Tribunal found that the applicant's conduct, while inappropriate, was unlikely to be repeated and that the risk of further boundary violations was low. The Tribunal also found that the consequences of the applicant's conduct, while significant, did not provide a sufficient basis for the formation of a reasonable belief that the applicant presented a serious risk to persons. Accordingly, the Tribunal set aside the Board's decision to suspend the applicant's registration. The Tribunal ordered that the decision of the Medical Board of Australia of 15 March 2021 is set aside.