Medical Board of Australia v A~ [2021] VCAT 85 (available on Austlii) is of interest for its detailed discussion of whether an admitted sexual assault by a doctor of a former colleague, in a social context, amounted to professional conduct under the National Law.
The Tribunal ultimately concluded:
[68] … To violate the victim’s personal autonomy in the way he did was a breach of trust, unacceptably disrespectful to her, and inconsistent with the qualities expected in a doctor. It had severe negative repercussions for her, of a type which would have been quite foreseeable to Dr A~, especially given his role as a GP. It cannot be divorced from the professional context. Also, there was some connection with his professional work, in that the victim was a nurse, and they both worked for the same employer.
[69] Accordingly, we are comfortably satisfied, and find, that Dr A~’s conduct constituted professional misconduct within the meaning of (c) of the definition of that term. It was inconsistent with being a fit and proper person to be registered.
The Tribunal ordered a reprimand and a short period of suspension.