Doctor Luke Johnson’s registration was cancelled in November 2023. Photo: Motortion.
A former Wagga psychiatrist can practice again, more than two years after his registration was cancelled over a sexual relationship with a patient whom he later married.
The NSW Civil and Administrative Tribunal (NCAT) cancelled Luke Johnson’s registration in November 2023.
At the time, he was barred from reapplying for two years.
According to a published NCAT decision handed down last week, he won his bid to have his registration reinstated under strict conditions, more than two and a half years after it was revoked.
“Dr Johnson bears the onus of demonstrating that he can be trusted to practise in a way that conforms to the professional standards expected of a health practitioner and presents no risk to the safety of the public and their confidence in the profession,” the decision says.
In 2016 he was Wagga Wagga’s only private psychiatrist when he started a personal relationship with a patient.
“In a consultation on 18 October, Dr Johnson says Patient A told him that she wanted a relationship with him,” the NCAT decision states.
“Dr Johnson says that he identified very strongly with her, found her attractive and saw the proposal as an escape from the various stressors in his life at the time.”
By November of that year, the two were in daily phone contact, and they started a sexual relationship in early 2017.
Johnson continued treating Patient A until June 2017.
“The tribunal found that Dr Johnson knew that Patient A was an extremely vulnerable patient with longstanding mental health issues,” the NCAT decision states.
“He must have known from the very beginning of the potential harm to Patient A if he embarked on a personal relationship.”
The tribunal found the relationship was a serious breach of professional boundaries amounting to professional misconduct.
Two other complaints against him – relating to instances of inappropriately prescribing drugs and poor recordkeeping – were judged as unsatisfactory professional conduct.
The Health Care Complaints Commission took a neutral position on Johnson’s reinstatement application.
According to NCAT, Johnson has been in therapy since March 2024.
During proceedings, the NCAT panel accepted an assessment from Johnson’s psychiatrist that he has only some insight into his behaviour.
“[The psychiatrist’s] view is that Dr Johnson has ‘owned his behaviour’ intellectually but not at an emotional level,” the decision states.
“He still struggles to fully accept responsibility.”
However, the psychiatrist also found that Johnson was developing “remorse and contrition”, in addition to an understanding of the impacts his actions had.
According to the decision, Johnson reported attempted home invasions while living in Wagga, his failing marriage and long working hours when he began the relationship with Patient A.
“He knows, that as a person with complex mental health issues, Patient A could not consent to a sexual relationship because of the power imbalance,” the decision states.
“She had vulnerabilities which he exploited.”
The decision also states that three character references described Johnson as being genuinely remorseful, while his psychiatrist believed he has a low risk of further “boundary crossing” behaviour.
Under the conditions of his registration being reinstated, Johnson can practise only in a group practice approved by the Medical Council of NSW where there is at least one other registered medical practitioner and patient records are shared between practitioners.
He can’t work more than 40 hours a week and will be supervised under strict conditions, including regular reviews and oversight.
The Medical Council of NSW will also need to approve any changes to his location or nature of practice.
The tribunal said it was not possible to eliminate risk entirely, but found Johnson’s likelihood of repeating similar conduct was low.
“Conditions on Dr Johnson’s registration will further protect his patients and the public from what we see as a low risk of engaging in similar behaviour in the future,” the published decision states.
According to NCAT, Johnson married Patient A in 2023 and moved to Sydney in February 2024.
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