Tribunal says it is powerless to temporarily lift emergency suspensions on doctors before formal appeal

The tribunal had been asked to temporarily lift the emergency suspension of a doctor accused of sexually assaulting former employees.

A doctor charged with sexual assault offences has lost a bid to temporarily lift his suspension after a tribunal decided it lacked the legal power to ‘stay’ emergency suspensions.

For the first time, the Medical Board of Australia has argued that the National Law does not let tribunals temporarily pause suspensions pending a full appeal, according to an ACT Civil and Administrative Tribunal ruling.

The suspended doctor, whose identity was suppressed, had been charged with sexual offences against four former employees.

The ACT Magistrates Court released the doctor on bail conditions that he remain at home unless he had to travel to treat patients because telehealth was inappropriate, as long as a chaperone accompanied him.