Dr Aaron Groves fails in bid to get ‘critical’ Dr Ian Sale recused

Tasmania’s chief psychiatrist, suspended for an alleged inappropriate relationship, says one of the Health Practitioners Tribunal members set to review the case has been ‘critical’ of him.

Dr Aaron Groves. Picture Chris Kidd

Tasmania’s suspended chief psychiatrist has failed in his bid to have a member of TasCAT’s Health Practitioners Tribunal struck out from reviewing his case on Wednesday.

Dr Aaron Groves, who had his registration suspended by the Medical Board of Australia on October 3, alleged in his application that Dr Ian Sale, one of three members who will review the suspension, had previously been “critical” of him, opening up a risk of actual or apprehended bias.

Dr Groves was suspended due to allegedly having an inappropriate relationship with a vulnerable female patient.

He previously argued he did not have a doctor-patient relationship with the woman, as his role did not involve assessing or treating patients.

In late October he made a failed bid to have his suspension stayed.

He made a further application on November 10 to have the tribunal “remove” Dr Sale from its three-member panel appointed to review Dr Groves’ suspension on November 23.

That application failed as it was considered parties could not have a panel member removed – they could only apply to have the member recuse themselves.

Dr Groves and his lawyers made such a bid, but in a TasCAT decision published on Friday, Dr Sale dismissed the application that he recuse himself.

Dr. Ian Sale leaves Hobart's Magistrates Court after giving evidence today at the inquest into the death of Liam Mead, 16. Picture: LUKE BOWDEN

In an affidavit signed November 11, Dr Groves set out his reasoning for why Dr Sale should recuse himself.

He alleged Dr Sale “is a critic of my work as the state’s chief psychiatrist to establish reforms to the mental health services”.

He further alleged Dr Sale played a role in a line of “inappropriate, aggressive and adversarial questioning in front of all attendees” at a November, 2019 Continuing Medical Education event.

Dr Groves claimed Dr Sale was the “convenor” of a “peer review group” at the event and was seated at the same table as a practitioner who was being investigated by Dr Groves for alleged breaches of the State Service Act.

He alleged that, following a speech he gave at the event, the peer review group, including Dr Sale, who was “gesticulating and nodding his approval,” launched a broadside by publicly questioning his treatment of the practitioner in question.

“What occurred at the CME event was clearly a premeditated attack on me and my standing in the profession. I was shaken by this experience,” Dr Groves said.

“Given my experiences as outlined above, I apprehend that Dr Sale might not bring an impartial mind to the resolution of the question to be decided in the substantive hearing.”

Regarding the first allegation, Dr Sale being an alleged critic of Dr Groves’, Dr Sale said a lay person would “be aware that professional minds may differ in relation to professional matters” and that such a divergence “would not affect (the decision making of) a professional member of a tribunal”.

Regarding the second allegation, the CME event, Dr Sale said he was not the convener of the peer review group in question, did not pose any questions, and that his role in allegedly gesticulating and nodding his approval of the harsh line of questioning fell well short of the apprehended bias test.

Originally published as Dr Aaron Groves fails in bid to get ‘critical’ Dr Ian Sale recused