Bondi GP Dr John Balafas disqualified for professional misconduct

A Bondi GP who inappropriately conducted breast and internal pelvic exams on female patients “for his own sexual gratification” has been found guilty of misconduct by a tribunal.

Bondi GP John Balafas was charged with sexual assault and violence matters in February 2022.

An eastern suburbs GP found to have inappropriately treated female patients “for his own sexual gratification” has been found guilty of professional misconduct.

The Health Care Complaints Commission issued a statement confirming John Balafas, 48, had been found guilty of both unsatisfactory professional conduct and professional misconduct in relation to multiple incidents in 2009.

Balafas has not been registered as a medical practitioner since March 2022 – but the tribunal stated it would have disqualified him from registration for three years and that he remains prohibited from practising medicine until he registers again.

The Civil and Administrative Tribunal heard the inappropriate behaviour occurred at Bondi Medical Centre – where he was the part-owner – in 2009.

On July 3 2009, a written judgment reveals a 22-year-old Brazilian woman identified as Patient A consulted Balafas about the contraceptive pill and her thyroid function.

“The allegations relating to Patient A include that Dr Balafas conducted an internal pelvic examination without her informed consent,” the judgment states.

“Among other things, during the examination it is alleged that Dr Balafas asked Patient A to turn over on to her stomach, placed his fingers in her vagina for a few minutes, removed his fingers and then rubbed her clitoris twice.”

Bondi GP John Balafas.

Balafas told the commission Patient A’s beliefs about what happened during the consultation were “mistaken” and denied any impropriety in the course of the examination.

The tribunal found Balafas’ “judgment in conducting an intimate pelvic examination without her informed consent” was in breach of National Law.

Balafas was further found guilty of unsatisfactory professional conduct in respect of placing his fingers in Patient A’s vagina longer than clinically indicated and because he touched or moved Patient A’s face when she lifted her head in concern.

The allegation Balafas deliberately rubbed the woman’s clitoris while she was lying on her stomach was also found to be proven, amounting to another finding of unsatisfactory professional conduct.

All of those matters were determined to constitute professional misconduct.

“There can be no other conclusion than that Dr Balafas engaged in this behaviour for his own sexual gratification,” the tribunal stated.

“Sexual exploitation of a patient is at the highest end of the spectrum of seriousness.

“It is inappropriate conduct of a sexual nature and, in this case, amounts to professional misconduct.”

Another finding of unsatisfactory professional conduct was made in respect of Balafas’ lack of records after Patient A called him to complain in 2016.

Bondi Junction Mall

However, Balafas was not found to have breached any law in respect of a pap smear he performed on Patient A and she did not allege any wrongdoing in that case.

In respect of Patient B, a 23-year-old pregnant Irish woman who attended Balafas on August 29 2009, it was alleged Balafas conducted an inappropriate internal pelvic exam, an inappropriate breast exam, and failed to keep sufficient records.

The tribunal found Balafas failed to sufficiently explain the pap smear procedure and purpose for an internal pelvic and breast exam so Patient B could give informed consent, amounting to unsatisfactory professional conduct.

He was also found to have breached the Health Practitioner Regulation by “failing to record the size and location of any vaginal polyp, recording insufficient information about the size of the uterus and failing to record Patient B’s correct name on the antenatal referral form”.

In its judgment on Balafas’ professional future, the tribunal noted he had served previous suspensions and had been subject to certain conditions on his registration due to his addictions to pethidine, morphine, diazepam and fentanyl.

According to the judgment, in March this year, Balafas agreed not to practise medicine after he was arrested, charged with multiple sexual and violent offences, and spent a period of time in custody on remand.

In December 2021 he was subjected to a condition not to treat female patients after a woman made an allegation about an inappropriate pelvic exam that left her “horrified”.

The next day, Balafas admits he contacted a separate female patient, then looked for her on Instagram and sent her a follow request.

“Dr Balafas has radically and fundamentally departed from the standards members of the medical profession are expected to observe,” the tribunal stated on December 2022.

“As well as the conduct itself, recent complaints from two other patients, mean that Dr Balafas has not learnt from his previous mistakes and cannot be trusted to comply with conditions on his registration.

“He communicated poorly with a patient when conducting an internal examination and contacted a patient when there was a condition on his registration that he not treat females.”

Balafas will have to pay costs in the proceedings.