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Australia Adelaide physio banned from treating women after allegations of inappropriate behaviour

10:41  16 october  2020
10:41  16 october  2020 Source:   abc.net.au

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a man wearing glasses: Physiotherapist Ashley Smith will no longer be allowed to treat women. (Supplied: Facebook) © Provided by ABC Health Physiotherapist Ashley Smith will no longer be allowed to treat women. (Supplied: Facebook)

An Adelaide physiotherapist accused of inappropriate behaviour will be banned from treating women, after his appeal against the decision was dismissed.

The South Australian Civil and Administrative Tribunal (SACAT) had taken the action earlier this year after female patients made complaints about physiotherapist Ashley Smith's treatment as his practice in Prospect.

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The tribunal implemented a ban, but Mr Smith tried to appeal against the gender-based restrictions, arguing they were "unnecessary and disproportionate," describing his own actions as, "clinically justified".

His behaviour was described as "displaying a lack of respect for the patient's dignity and privacy," with the SACAT upholding its previous decision.

He said allegations of improper or sexually motivated conduct could be explained by deficiencies in communication and the procurement of consent.

The board rejected that, deciding there was a "serious risk" he may act with a sexual motivation in consultation with female patients, as it does not trust he can adequately regulate his behaviour.

It also rejected his submission that mentoring would be enough to ensure his behaviour was regulated.

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'Completely violated, harassed, humiliated and stressed'

The complaints include one woman who said Mr Smith put his hand under her breasts, and while at first, she thought it was an accident, he did not apologise or say anything.

"It made me feel nervous that he might do something else. At the time I thought that maybe he just was not thinking and was trying to guide my breasts into the gap between the pillow and bed, but it was unnecessary," the woman said.

"I didn't say anything because I was feeling shocked and a little confused."

Another said Mr Smith reached in from behind her without warning, undoing the buttons of her shorts, lowering the zip, rolling down her shorts at the rear to expose her buttocks.

She said he then took a photo without notice or consent, which left her feeling "completely violated, harassed, humiliated and stressed".

The board said they were "particularly concerned" by one female patient's description of a massage in April this year.

She said Mr Smith unclipped her bra during the massage without seeking consent, describing the massage as "flirty or over-friendly".

In his defence, Mr Smith provided the board with a video demonstrating his technique and the placement of his hands, but the board said it did not find the explanation convincing.

In its decision, SACAT also considered the financial impact on Mr Smith and his wife, who is an administration manager at the practice.

It ruled while the impact was significant, it was not because of the gender-based restrictions, but rather from the franchisor of his practice effectively banning him from practising in the franchise.

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