[1] Schedule 2, Health Practitioner Regulation National Law (South Australia) Act 2010.

[2] "Health service" has the meaning set out in s 5 of the National Law.

[3] Australian Broadcasting Tribunal v Bond [1990] HCA 33 at [36].

[4] Briginshaw v Briginshaw [1938] HCA 34, (1938) 60 CLR 336 at 362-363 per Dixon J.

[5] Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate [2015] HCA 46 at [57] - [58]; Medical Board of Australia v Siow [2016] SAHPT 1 at [38].

[6] Chiropractic Board of Australia v Oborne [2023] VCAT 770 at [15] - [18] (internal citations omitted). Also, Medical Board of Australia v YZV [2024] VCAT 1134 at [19] - [22].

[7] Osteopathy Board of Australia v Gardner [2024] SACAT 111 and Nursing and Midwifery Board of Australia v Richardson [2024] SACAT 104.

[8] Medical Board of Australia v YZV [2024] VCAT 1134 at [20] (internal citations omitted).

[9] Medical Board of Australia v Ainsworth (Review and Regulation) [2019] VCAT 734 at [52].

[10] See for example Paramedicine Board of Australia v Jackson [2023] SACAT 66 at [29] - [30], where the President of the Tribunal cites Maroulis v Psychology Board of Australia [2021] SASC 16.

[11] Pharmacy Board of Australia v Roberts [2022] SACAT 111 at [39] - [46] (footnotes in original omitted).

[12] Medical Board of Australia v Singh [2017] WASAT 33 at [30] (all internal citations omitted).

[13] Medical Board of Australia v Holten [2019] VCAT 837 at [32]. See also Chiropractic Board of Australia v Oborne [2023] VCAT 770 at [30].

[14] Nursing and Midwifery Board of Australia v Isgrove [2015] QCAT 522; Nursing and Midwifery Board of Australia v Sedgman [2019] VCAT 1526; Nursing and Midwifery Board of Australia v Monteduro [2020] SACAT 27; Medical Board of Australia v Bradshaw [2020] VCAT 584; Nursing and Midwifery Board of Australia v Hunt [2023] SACAT 98.

[15] Medical Board of Australia v Ainsworth [2019] VCAT 734; Medical Board of Australia v Holten [2019] VCAT 837; Medical Board of Australia v Ogundipe [2019] WASAT 32; Psychology Board of Australia v Martin [2020] VR 70; Medical Board of Australia v Thompson [2021] TASHPT 1; Paramedicine Board of Australia v Bevan [2022] SACAT 65; Medical Board of Australia v Forgione [2022] WASAT 67; Medical Board of Australia v Grajn [2023] QCAT 433; Medical Board of Australia v Marchesi [2023] VR 29; Medical Board of Australia v Byrne [2024] SACAT 28; Optometry Board of Australia v Didone [2024] SACAT 64.

[16] Chiropractic Board of Australia v Oborne [2023] VCAT 770 at [46].

[17] Medical Board of Australia v Grajn [2023] QCAT 433 at [47] and Chiropractic Board of Australia v Oborne [2023] VCAT 770 at [30]. See also the recent endorsement of the Tribunal of this approach in an as yet unreported decision (2024/SHP000005, 10 December 2024, Senior Member Stevens, Members McMahon OAM and Steele, at [43]).

[18] [2020] SASCFC 74 at [79] (internal citation omitted).

[19] Medical Board of Australia v Bradshaw [2020] VCAT 584 at [109] (some internal citations omitted).

[20] Briginshaw v Briginshaw [1938] HCA 34, (1938) 60 CLR 336 at 362-363 per Dixon J.

[22] ScriptCheckSA is a clinical tool providing real-time monitored medicines prescription information for prescribers and pharmacists to support safer clinical decision-making: https://www.scriptcheck.sa.gov.au accessed 9 February 2025.

[23] The use of drugs of dependence (Schedule 8/Controlled Drugs) in South Australia is regulated by the controlled substances legislation and monitored by SA Health's Drugs of Dependence Unit (DDU). The DDU helps ensure South Australians continue to have access to appropriate treatment while minimising the potential harms associated with drug dependence, misuse, and diversion: https://www.sahealth.sa.gov.au /wps/wcm/connect/Public+Content/SA+Health+Internet/Clinical+Resources/Clinical+Programs+and+Practice+Guidelines/Medicines+and+drugs/Drugs+of+dependence/Drugs+of+dependence accessed 9 February 2025.

[24] Outline of Argument, at [19] - [29].

[25] Respondent's Outline of Argument, at [2.3].

[27] Guidelines: sexual boundaries in the doctor-patient relationship, p2.

[28] Report of Dr Lorraine Lim, 6 November 2024, p14.

[30] Medical Board of Australia v Grajn [2023] QCAT 433 at [35].

[31] Book of Documents, pp288, 373, 420.

[32] Report of Dr Pam Carroll, 4 November 2024, pp7 - 8 and report of Dr Lorraine Lim, 6 November 2024, p7.

[33] Report of Dr Lorraine Lim, 6 November 2024, p14.

[34] See generally reports of Dr Pam Carroll, 4 November 2024, pp6 - 8 and of Dr Lorraine Lim, 6 November 2024, pp8, 15 - 16.

[35] Report of Dr Lorraine Lim, 6 November 2024, p16.

[36] Report of Dr Pam Carroll, 4 November 2024, p8.

[37] Medical Board of Australia v Ainsworth (Review and Regulation) [2019] VCAT 734 at [80] (internal footnote omitted).

[38] Honey v Medical Practitioners Board of Victoria [2007] VCAT 526 at [43].

[39] Honey v Medical Practitioners Board of Victoria [2007] VCAT 526 at [43].

[40] Medical Board of Australia v Forgione [2022] WASAT 67 at [71] - [72] (internal citations omitted).

[41] [2021] VCAT 658 at [144].

[42] https://www.racgp.org.au/getattachment/1beeb924-cf7b-4de4-911e-f7dda3e3f6e9/Part-B.aspx.