Doctor Robert Byrne disqualified for four years after giving woman drugs and engaging in sex act

A doctor who gave a young woman drugs and engaged in sexual activity with her can reapply to work as a medical professional again in less than six months.

A doctor who gave a woman drugs – both prescription and illegal – before engaging in sexual activity with her may be working in the medical field again by next year.

Dr Robert James Byrne, 39, had his registration disqualified for four years after he admitted he “messed up really badly”.

However, as the disqualification imposed by the South Australian Civil and Administrative Tribunal was backdated to his suspension date in 2021 he will be able to reapply in less than six months.

The tribunal previously found Dr Byrne supplied the woman – ten years his junior – with cocaine, LSD, nitrous oxide and snorted crushed diazepam after inviting her to his home.

It heard Dr Byrne’s partner had been present and consumed some of the drugs before going to bed.

Doctor Robert Byrne had his registration disqualified for four years which was backdated to his suspension in January 2021. Photo: File

The tribunal found a “sexual encounter” occurred between the woman and Dr Byrne, who each provided differing accounts about what happened. It did not make a finding about who initiated the sexual activity.

The tribunal found the woman’s “compromised capacity to engage in consensual sexual activity was or should have been apparent to Dr Byrne”.

The tribunal found the woman’s evidence was credible and “inherently believable”.

Her evidence included that she later sent a text to Dr Byrne stating she “was not okay with what happened” and “couldn’t consent and you knew better”. Byrne was not charged with any criminal wrongdoing.

The tribunal also found Dr Byrne had prescribed himself prescription medications for the management of asthma, a condition he did not have, and had prescribed medication for his partner.

On an earlier occasion he had also snorted and shared cocaine with a colleague at a work Christmas party, the Tribunal heard.

At the time of the allegations, in 2019, he was a general practitioner at a mental health centre and was enrolled in a psychiatrist training program.

The Medical Board of Australia referred a complaint to the tribunal which found Dr Byrne’s conduct as a whole constituted professional misconduct.

“We accept the information presented to the Tribunal that at least some of Dr Byrne’s conduct, the subject of the complaint, occurred when he was subject to significant personal and professional stress, and his mental health was in a poor state,” the tribunal said in a judgment published online this month.

Dr Roberts’ registration was suspended in January 2021, with the tribunal hearing he was presently employed as an Uber driver and a barista.

The tribunal accepted that Dr Byrne had made significant efforts at rehabilitation and expressed remorse for his conduct, including saying in an interview: “I am profusely sorry and I know that I’ve messed up really badly”.

However, they said they needed to provide specific and general deterrence to address public confidence in the profession.

“Although his conduct was not subject to any criminal charges, Dr Byrne’s use and provision to others of illicit drugs directly raise the likelihood of breaches of the law,” they said.

The tribunal ordered Dr Byrne be disqualified from applying for registration as a medical practitioner for four years.

It was backdated from when his registration was suspended in January 2021, meaning he can reapply as of January 4, 2025.

Originally published as Doctor Robert Byrne disqualified for four years after giving woman drugs and engaging in sex act