(a) The registrant must not consult, assess, examine or treat any person under the age of 18 years without a chaperone present at all times. The chaperone must be:

(ii) Either a person that has accompanied the patient to the consultation, or a medical practitioner or member of the medical support staff at the health care facility at which the registrant works.

(b) At the time of the consultation, assessment, examination or treatment of any person under the age of 18 years, the registrant must record the name of the chaperone in the patient's clinical record.

(c) The registrant must maintain a chaperone register to be completed in indelible ink at the time of the consultation, assessment, examination or treatment of any person under the age of 18 years, and which must contain:

(d) The registrant must ensure that each chaperone signs the attached information and acknowledgment form (to be stored with the chaperone register) (Schedule A) at the start of the consultation, assessment, examination or treatment of any person under the age of 18 years.

(e) The registrant authorises representatives of the Board to inspect, take or copy his patient clinical records, log books, appointment diaries and/or chaperone register, at such time or times as the Board shall determine, for the purpose of monitoring compliance with the conditions imposed on the registrant's registration.

(f) The Registrant must provide the Board with copies of the clinical records of patients nominated by the Board, at such time or times as the Board shall determine, for the purpose of monitoring compliance with the conditions imposed on the registrant's registration.

(g) The registrant must authorise insurance funds and Medicare Australia to provide information to the Board about his treatment of patients for the purpose of monitoring compliance with the conditions imposed on the registrant's registration.

(h) The registrant must notify, in writing, any current and future employers, CEO (or equivalent) of any health care facility where he works, and colleagues he works with of the conditions imposed on the registrant's registration within 7 days of their imposition (or prior to commencing any future employment) by providing each person with the attached information and acknowledgment sheet (Schedule B) and asking him/her to sign and return the sheet to the Board.

(i) The registrant must provide the Board with a list of the names of employers, CEOs (or equivalent), and persons to whom he has provided the information and acknowledgement sheet (Schedule B) in accordance with condition (h).

(j) The registrant must notify the Board of any and all changes in the registrant's practice, such notification to include the name and address of any employer, partner or person for whom or with whom the registrant is working, and the address or addresses from which the registrant is practising.

(k) The registrant authorises representatives of the Board to contact and exchange information with each employer and hospital or facility where he works, at such time or times as the Board shall determine, for the purpose of monitoring compliance with the conditions imposed on the registrant's registration.

(l) The registrant must undergo treatment at his own expense of a psychological or psychiatric nature in relation to the matters identified in the reports of John Henry and Ian Lynagh, and that such treatment be provided by a psychologist or a psychiatrist nominated by the registrant and approved by the Board.

(m) The registrant must ensure that his treating psychologist or psychiatrist provides a written report in relation to the registrant to the Board at six-monthly intervals, such reports to be at the expense of the registrant.

2. Dr Bonney may not apply to the Tribunal for review of conditions 1(a) to (k) for a period of three years from the date of their imposition.

3. Dr Bonney may not apply to the Tribunal for review of conditions 1(l) and (m) for a period of three years from the date of their imposition, save that, in the event the treating psychologist or psychiatrist proposes to cease treatment:

(a) The registrant must ensure the treating psychologist or psychiatrist notifies the Board in writing of that proposal not less than 6 weeks prior to its occurrence; and

(b) Upon the Board being so notified, the registrant may apply to the Tribunal for review of conditions 1(l) and (m) on the giving of 21 days notice in writing to the Board.

4. The details of both disciplinary action and the conditions imposed on Dr Bonney's registration must be recorded in the Board's register for the period for which the conditions are in force.

5. Dr Bonney must pay the Board's legal costs to be assessed on a standard basis (on the District Court scale) together with the costs of conducting its investigation.

HEALTH PRACTITIONER - DISCIPLINARY PROCEEDINGS - where GP accessed child pornography - where psychological assessment that offending not motivated by sexual gratification - where GP largely compliant with voluntary undertakings, including the use of a chaperone when consulting children - where parties made a joint submission about proposed conditions - where Tribunal requested a plan to implement those conditions.

Health Practitioners (Professional Standards) Act 1999 s 124(1)(i)

**[1] Dr Bonney a general practitioner, was convicted on his plea of guilty to one count of using a carriage service to access child pornography material[1]. He was sentenced to twelve months imprisonment but was released immediately, provided he remain of good behaviour, subject to the supervision of a probation officer for eighteen months.

[2] Dr Bonney's conviction establishes a ground for disciplinary action[2]. He has met with the Board to discuss these proceedings. The parties agree upon orders they consider the Tribunal should make in this matter. The conditions proposed are comprehensive and address the concern that Dr Bonney might pose a risk to a patient under 18 years of age.

[3] Dr Bonney has a history of moderate depression, in response, at least in part, to relationship issues. He developed compulsively-driven usage of internet sites including those displaying pornographic images. His consultant psychologist, Mr Ian Lynagh, considers he presented a minimal risk of recidivism. His offending is part of compulsively driven behaviour that, at times, crossed the child pornography boundary, but at no time provided Dr Bonney with any sexual arousal or gratification. That evidence is not contested by the board.

[4] The orders sought by the Board would allow Dr Bonney to continue to practice as a general practitioner. He is currently employed with Medibank Health Solutions as a Medical Advisor and his duties include providing work place injury management services and health assessments.

[5] Whilst Dr Bonney's behaviour is both improper conduct and conduct discreditable to his profession, the Tribunal is satisfied, on the uncontested evidence of Mr Lynagh, that orders should be made which allow Dr Bonney to continue to work as a practitioner.

[6] Those conditions will require him to be chaperoned when consulting with children. He must continue with psychological or psychiatric treatment while the conditions are in force. Dr Bonney will not be able to apply to review most conditions for 3 years. If his treating practitioner proposes to seek treatment within 3 years, Dr Bonney may notify the Board of that proposal and may then apply for an earlier review of those conditions which require him to maintain his treatment for 3 years.

[7] The Tribunal sought further information from the parties about Dr Bonney's performance under the voluntary undertakings and the Board's plans to implement the monitoring conditions proposed. The Board reported that in a period of almost 2 years there were two instances of non-compliance with the undertakings. The Board accepted, as does the Tribunal, that those breaches were inadvertent. The Board resolved to take no further action in relation to them. The Board also provided the Tribunal with detailed information about how it will monitor the conditions it requests this Tribunal to impose.

[8] The Tribunal is satisfied the conditions proposed by both parties are appropriate to address Dr Bonney's offending and sufficient to protect the public from any risk Dr Bonney may present.

[9] The Tribunal makes the orders jointly proposed by the parties.**

[1] Criminal Code Act 1995 (Cth) S 474.19(1)

[2] Health Practitioners (Professional Standards) Act 1999 s 124(1)(i)