Physiotherapist Darren Anthony Rivett, accused of ‘unwanted sexual conduct’, loses bid to keep identity secret

A physiotherapist accused of “unwanted sexual conduct” towards a female colleague has lost a bid to keep his identity secret in disciplinary proceedings.

Physiotherapist Darren Anthony Rivett has been accused of misconduct

A physiotherapist accused of professional misconduct over his behaviour toward a female colleague has failed in a bid to keep his identity secret.

Darren Anthony Rivett argued there was a risk of “real and lasting damage to his reputation and social standing” if his identity is published in connection with the allegations against him.

Mr Rivett is accused of engaging in “unwanted sexual conduct” toward a female physiotherapist but has denied he is guilty of any misconduct.

In his application for a secrecy order, the SA Civil and Administrative Tribunal heard that he was initially charged by police over the alleged conduct, however the charge did not proceed.

A lawyer for Mr Rivett told the tribunal the charge could be “reinstituted” and, if that happened, publication of his name could taint a jury pool and affect his chances of a fair trial.

However, in a judgement handed down in June but published late last month, those arguments were rejected.

“The authorities establish that the principle of open justice is to be regarded as the norm,” the tribunal said.

“The fact that publication may cause shame, humiliation, or reputational damage to the respondent (or his relatives or associates), is usually not a sufficient reason for departing from that principle.”

The tribunal also said the suggestion that Mr Rivett could face criminal charges and a future jury pool may be tainted was “entirely speculative”.

“It is not sufficient to outweigh the public interest in the open administration of justice,” the judgement said.

The tribunal also denied Mr Rivett’s request that the rest of the proceedings, which have been brought by the Physiotherapy Board of Australia, be heard in private.

However, it agreed to an order that the identity of the female physiotherapist complainant be kept secret.