A Perth emergency department doctor has been suspended from practising medicine for three years and ordered to pay $175,000 after a tribunal found he sexually touched a vulnerable patient during a physical examination.
Dr Kim Mullaley, formerly of Joondalup Health Campus, was found to have engaged in professional misconduct by the State Administrative Tribunal. The incident occurred in 2016, but the disciplinary action was only recently finalised.
The incident involved an 18-year-old woman admitted to Hollywood Private Hospital for an eating disorder, and subsequently transferred to Joondalup Health Campus due to concerns about self-harm. Court documents reveal the woman was an involuntary patient under the Mental Health Act when Dr Mullaley performed a physical examination despite her declining one. This detail matters; an involuntary patient cannot simply walk away from medical staff, creating an inherent power imbalance in an already vulnerable situation.
The tribunal determined he touched the woman's vulva "when there was no clinical reason for doing so." Eight months after the initial examination, the woman reportedly recognised Dr Mullaley during a subsequent visit to the same emergency department and alerted her mother, who then confronted the doctor.
For patients, this case underscores something crucial: your consent matters. Medical professionals have an absolute obligation to explain what they are examining, why, and to get explicit permission before proceeding. If an examination doesn't feel right, you have the right to stop it and request a chaperone or a second opinion. For involuntary patients in psychiatric facilities, this principle becomes even more important, as their ability to advocate is already compromised.
The State Administrative Tribunal found Dr Mullaley "behaved in a way that constitutes professional misconduct." His registration was officially suspended until September 2028, and he was ordered to pay the Medical Board's costs. The Medical Board's role is to protect the public; when conduct breaches professional boundaries this severely, suspension and financial penalties are standard disciplinary responses.
If you've experienced inappropriate conduct during a medical examination, your rights are stronger than you might think. You can make a formal complaint to the Medical Board of Australia, and complaints are treated seriously. Documentation helps, so note dates, times, and names of any witnesses. You can also seek support from advocacy organisations and legal advice if needed.