Hoile v Medical Board (SA) [1960] HCA 30

High Court of Australia Dixon C.J. McTiernan, Fullagar, Menzies and Windeyer JJ. Hoile v Medical Board (SA) [1960] HCA 30

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The Court delivered the following written judgment:—

May 27 Dixon C.J., McTiernan, Fullagar, Menzies and Windeyer JJ.

The appellant, Edward Murray Hoile, has appealed as of right from an order made on 30th October 1959 by the Supreme Court of South Australia (Mayo and Abbott JJ.) directing that his name be removed from the register of medical practitioners kept under the Medical Practitioners Act 1919-1955 (S.A.). The order was made on the application of the Medical Board of South Australia. That Board had heard a charge against Dr. Hoile, the appellant, that he had been guilty of infamous conduct in a professional respect. Dr. Hoile had practised at Kingscote in Kangaroo Island where the Kangaroo Island General Hospital was situated. The population of the island is said to be about 3,300 and the hospital doubtless is an ordinary country hospital. Dr. Hoile who lived next door to the hospital was its medical superintendent. At the material time there was a matron and a staff of two qualified sisters, two nurse attendants and one or two trainees. One of the nurse attendants was a married woman separated from her husband. She was from the Netherlands and she used her maiden name Loos. The particulars of the charge against Dr. Hoile were that between September 1958 and January 1959 inclusive, whilst holding the appointment of medical superintendent of the hospital he had sexual relations with Nurse Loos then employed as a nurse in the hospital. After a hearing, upon which Nurse Loos gave evidence but Dr. Hoile did not give evidence, the Board reported that they were satisfied beyond reasonable doubt that during the period mentioned while holding the appointment of medical superintendent Dr. Hoile had sexual relations with Nurse Loos on several occasions and that on at least two occasions intercourse took place on hospital premises while Nurse Loos was on night duty and that on at least one of these occasions she was the only member of the nursing staff on duty. There was no denial of this conduct. On the question of its amounting to infamous conduct in a professional respect the report of the Board said this: "In the opinion of the Board, Dr. Hoile, by reason of his being Medical Practitioner and Superintendent of the Hospital had a professional relationship with the nursing staff of the Hospital, and his presence at the Hospital and his relations with the nursing staff arose from his professional duties as Medical Superintendent at the Hospital. This, in our opinion, brings his admitted misconduct with Nurse Loos in the Hospital premises, particularly on the occasions when she was on duty at the Hospital, under the heading of "infamous conduct in a professional respect". It involves an abuse of the relationship which arose directly out of his status as a Medical Practitioner and the Superintendent of the Hospital which we have no doubt would be condemned by right thinking medical men."