By Natalee Kerr
A banned Ocean Grove doctor could soon resume practice after winning a “stay” of his suspension amid sex-assault allegations.
Victorian Civil and Administrative Tribunal (VCAT) decided this week to grant the stay after hearing the ban was hurting Dr Shafiul Milky’s finances.
The stay will lift the national medical board’s suspension until a further hearing early next year.
VCAT has yet to decide when the stay will begin and any conditions that will apply.
Australian Health Practitioner Regulation Agency (AHPRA) confirmed Dr Milky would be able to resume practice after the stay came into effect.
Dr Milky won the stay after applying to VCAT for a review of AHPRA’s decision in September to suspend his registration pending the outcome of investigations into allegations he assaulted female patients.
AHPRA suspended Dr Milky as a “serious risk to persons”, a spokesperson said.
The suspension followed AHPRA’s March decision banning him from seeing female patients.
AHPRA ordered the ban after a third complaint against him in February.
The Medical Board of Australia noted between June and August another nine complaints accusing him of “serious sexual boundary violations” dating back to 2014.
The alleged assaults included touching patients’ breasts when “not clinically indicated”, attempting to kiss a patient, and making sexualised remarks, VCAT heard.
Dr Milky has denied all the allegations.
Both Police and AHPRA are investigating the claims.
The nest VCAT hearing in February or March will determine whether Dr Milky should remain suspended.
Dr Milky told VCAT during his application for the suspension stay that he had “little” money to support him in the meantime.
Another practice had offered to employ him on the condition he did not consult female patients, VCAT heard.
Dr Milky would suffer “very significant” financial impacts if the tribunal refused his stay prior to the final hearing, said VCAT senior member Johnathon Smithers.
“I accept that the continuation of the current suspension will have a strongly adverse effect on Dr Milky and his family financially,” Mr Smithers said.
“He will have suffered the impact of losing six months’ income.”
