BUTTSWORTH v WALTON [1991] NSWCA 40

BUTTSWORTH v WALTON SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SAMUELS, PRIESTLEY and MEAGHER JJA 3 October 1991, 19 December 1991

[1991] NSWCA 40

MEDICAL PRACTITIONERS — complaint of professional misconduct against male psychiatrist under s27(1)(a) and s28(1)(d) of the Medical Practitioners Act 1938 — particulars alleged sexual relationship with female patient both during the subsistence of the relationship of doctor and patient and after the relationship terminated — Medical Tribunal ordered that doctor's name be removed from register — held no basis for intervention of Court of Appeal

Samuels JA The respondent graduated in medicine from The University of Sydney in 1967 and as a member of the Royal Australian and New Zealand College of Psychiatrists in 1972. He has practised as a specialist psychiatrist since that year, was elected a Fellow of the College in 1976, and from 1976 to 1986 was the Foundation Head of the Psychotherapy Unit at Royal Prince Alfred Hospital. In short, in 1984, when his professional relationship with the complainant, Ms A, commenced, he was an experienced psychotherapist of excellent reputation and recognised competence.

The respondent's complaint was originally filed on 7 May 1991 and, after an amendment of no great consequence, asserted that the appellant had been guilty of professional misconduct within the meaning of 6 27(1)(a) of the Medical Practitioners Act 1938 ("the Act") in that he: "(i) has demonstrated a lack of adequate judgment and/or care in the practice of medicine; and/or (ii) he has been guilty of other improper or unethical conduct relating to the practice of medicine."

The particulars furnished read as follows:

1. The practitioner was at all relevant times a specialist psychiatrist.

2. The practitioner commenced treating a female patient, Patient A with regular psychotherapy in or about February, 1984 which treatment continued until February, 1988.