The Tasmanian Court of Appeal has outlined the reason why the Australian Medical Board suspended the registration of the state’s chief psychiatrist last month.
Key points:
- Tasmania’s chief psychiatrist suspended on full pay after medical regulator deemed personal relationship ‘inappropriate’
- Dr. Groves and the woman involved dispute the characterization of their relationship.
- AHPRA alleges that Dr. Groves misrepresented his financial position in his attempt to lift his suspension
Aaron Groves had entered into an alleged “inappropriate” relationship with a woman, which the medical board described as an “imbalance of power”. However, both Dr. Groves and the woman involved have disputed this characterization.
The medical board suspended Dr. Groves’ registration on October 3, and his attempt to lift his immediate suspension, before the Tasmanian Civil and Administrative Tribunal (TASCAT), was dismissed.
Your employment has been temporarily suspended.
The woman had notified the Australian Health Professionals Regulation Agency (AHPRA) in February 2021 about allegations of “inappropriate behaviour” against her by a Royal Hobart Hospital (RHH) doctor, not Dr. Groves, between 2013 and 2019.
She claimed that the doctor had contacted her despite being told not to.
In March 2021, then-health minister Sarah Courtney met with the woman and a counselor arranged for Dr. Groves to contact her about mental health issues, with her permission.
He arranged for her to undergo treatment the next day by another doctor, under the government’s Home Mental Health unit.
Dr Groves had “sporadic” contact with her throughout 2021 and they then began a personal relationship in December.
In her decision last month, TASCAT Senior Fellow Lucinda Jack said a pharmacist had told AHPRA that Dr. Groves had prescribed a Schedule 8 controlled drug in June 2022. The decision does not say to whom He prescribed the medication. Some sections of the TASCAT decision are redacted.
The following month, Department of Health Secretary Kathrine Morgan-Wicks told Dr. Groves that there were “reasonable grounds” to believe that a violation of the State Service’s code of conduct might have occurred.
In August, Ms. Morgan-Wicks outlined more grounds for a violation, and a full code of conduct investigation into Dr. Groves was launched. He was suspended with full pay.
The next day, the department notified AHPRA of the personal relationship. The Medical Board of Australia decided to take “immediate action” and suspended Dr. Groves.
Woman says Groves was ‘professional, supportive’
The medical board alleged that Dr Groves “was aware” that the woman was “vulnerable and suffering from mental health problems”.
Dr. Groves requested a review of this decision and a stay pending the review.
He said he never did any clinical evaluation of the woman, did not treat her, only discussed her medical complaint with HRH and used the department’s People Connection approach when he first contacted her.
Dr. Groves, in his stay request, stated that his ongoing contact was about updates to his complaint.
In a witness statement, the woman described Dr. Groves as a “professional [and] supportive,” and questioned whether a clinical doctor-patient relationship had ever existed.
She “disagreed” with AHPRA’s characterization of her as “vulnerable, drug-addled”. [and] mentally ill.”
Dr. Groves requested a stay of suspension because he believed there was “serious doubt” about the decision.
The medical board alleged that Dr. Groves had misrepresented his financial position, as he had not included that he was suspended on full pay for more than five weeks prior to the immediate action decision, and remained on full pay at the time of last month’s hearing.
In her decision, Ms. Jack said that a stay of the suspension decision would not affect the department’s code of conduct investigation process, so Dr. Groves’ request was dismissed.
The suspension review will be heard at a later date.
Silence ‘is not a good antidote’
Tasmanian Greens MP Rosalie Woodruff criticized the government for what she described as a “complete lack of transparency around a wide range of issues” related to the matter.
“The commission of inquiry has shown us that unless the people in power are held to account, they cannot have confidence in their institutions. It is very important that the prime minister is very clear with the Tasmanians,” he said.
“There was a gap in the information provided on this situation with the head psychiatrist. Silence is not a good antidote to bad behavior and possible misconduct.
“The allegations need to be proven in court, but as things stand, we had no transparency from the Department of Health on this matter. [It was] only through the media reporting that this matter came to light in the first place.
“It’s very worrying for Tasmanians.”
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