The Supreme Court of Victoria recently came to a decision in the matter of Appanna v Medical Board of Australia [2021] VSC 679.  The doctor concerned in this matter entered into an intimate relationship with a woman in New Zealand.

The Medical Council of New Zealand subsequently suspended the doctor’s practising certificate – although the suspension was later stayed by the District Court in New Zealand on the doctor’s undertaking to practice with conditions on his registration while his professional conduct was investigated.

In September 2019, the doctor advised the Australian authorities of what had transpired in New Zealand.  The Medical Board of Australia imposed an interim suspension on the doctor’s registration in Australia, on the same basis as the suspension was imposed in New Zealand.  AHPRA revoked the suspension, on becoming aware of the New Zealand District Court decision to terminate the suspension.  However, shortly thereafter the Medical Board of Australia reimposed the interim suspension in Australia, on a different basis.

The doctor appealed to the Victorian Civil and Administrative Tribunal, but the Tribunal confirmed the suspension.  The doctor appealed to the Supreme Court of Victoria.