The key issue
The key issue in this case is boundary violations.
The background
The case relates to a GP who worked at a medical centre in Serpentine (Centre) which was adjoined to a community pharmacy (Pharmacy). There were two incidents which were the subject of the proceedings.
The first involved the practitioner making inappropriate and unwarranted gestures towards the front of store manager at the Pharmacy (Pharmacy Manager) while she was working in the Pharmacy, by pursing his lips and blowing kisses.
The second incident, which occurred 15 minutes later, involved the practitioner following the Pharmacy Manager into the kitchen at the Pharmacy, where he stood at the doorway. The Pharmacy Manager stepped into the doorway at which point the practitioner reached out his arms, placed both hands on the back of the Pharmacy Manager’s head, leaned in towards her, kissed her on the lips and made a “Mwah” sound as he did so. The Pharmacy Manager lifted up her arm to push the practitioner’s hand away from her head and walked back to the Pharmacy.
The practitioner was subsequently charged with unlawful indecent assault pursuant to section 323 of the Criminal Code (WA) but failed to advise the Board within 7 days of the same, as required by section 130 of the National Law. The matter settled at mediation.
The outcome
The tribunal approved orders that the respondent behaved in a way that constitutes professional misconduct, be reprimanded, be suspended for a period of 6 months, be required to undertake further education relating to professional ethics, professional relationships and sexual harassment and be required to pay the Board’s costs of $5,000.
The implications
Boundary violations, however infrequent, are treated very seriously by the Board, even those that are fleeting.
The decision in Medical Board of Australia v Farrier [2020] VR 84 can be read here.
