The Tribunal found the respondent GP guilty of professional misconduct for engaging in a consensual sexual relationship with a vulnerable patient over approximately eight years, and ordered a reprimand and a $15,000 fine with no costs order. The case reaffirms that sexual relationships between a doctor and a current patient invariably constitute professional misconduct, regardless of consent, and that the gravity is heightened where the patient is vulnerable. Significant delay between the cessation of conduct and the complaint (here approximately ten years) may materially reduce the sanction from what would otherwise be a suspension, where the practitioner has practised without further incident. Where parties agree on facts, characterisation and sanction, the Tribunal will not depart from the agreed position unless it falls outside the permissible range, following Medical Board of Australia v Martin [2013] QCAT 376.
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