Medical Board Appeals VCAT Decision on Ballarat GP's Return to Work

The Medical Board of Australia is appealing a decision by the Victorian Civil and Administrative Tribunal (VCAT) that permits Dr. Dileepa Jayaweera, a Ballarat general practitioner, to continue working at the Carn-Brae Clinic. This decision is pending a final determination on allegations of inappropriate conduct made by a female patient. The Medical Board contends that VCAT lacked the authority to issue its interim order.

Background of Allegations

Approximately one year ago, a female patient lodged allegations against Dr. Jayaweera concerning his conduct during a consultation for skin tag removal. The patient claimed that Dr. Jayaweera exposed and examined her breasts, and subsequently, without consent, digitally penetrated her twice while she was on the examination table, after asking about a pap smear.

Dr. Jayaweera denied these allegations when interviewed by police, who did not file charges. The patient then filed a complaint with the Australian Health Practitioner Regulation Agency (AHPRA).

Regulatory Actions and Initial Conditions

Following the complaint, in May of the previous year, the Medical Board of Australia imposed conditions on Dr. Jayaweera's medical licence. These conditions included: prohibition from practicing at Carn-Brae Medical Clinic; prohibition from treating female patients, including via telehealth or when accompanied by a woman; and a requirement to work at an approved workplace.

The Medical Board did not approve Carn-Brae Clinic as a workplace, citing a perceived conflict of interest. This was due to the clinic owner having expressed belief in Dr. Jayaweera's innocence and stating an intention to pursue legal action against the patient, the Medical Board, and AHPRA.

VCAT Proceedings and Decision

Dr. Jayaweera challenged the Medical Board's conditions at VCAT, arguing they amounted to a "de facto" suspension of his registration due to difficulties in securing alternative employment. The tribunal heard that Dr. Jayaweera had no prior complaints and was considered an experienced and highly regarded general practitioner. His legal representatives suggested the alleged conduct was "inherently unlikely."

VCAT ultimately ruled that Dr. Jayaweera could return to work at the Carn-Brae Clinic under supervision, determining the Medical Board's initial decision to be "unreasonable."

However, the tribunal upheld the condition prohibiting him from treating female patients. This VCAT decision allows him to continue practicing at Carn-Brae Clinic pending a final resolution of the matter.

Supreme Court Appeal

The Medical Board of Australia is now seeking leave to appeal the VCAT decision in the Supreme Court. The Board's argument is that VCAT lacked the authority to stay its original order and is requesting that VCAT's order be set aside.

A directions hearing for this appeal is scheduled for late March, with the VCAT review hearing set for May.