A psychologist who had a sexual relationship with a former inmate she treated in prison is allowed to keep working despite her misconduct.
Registered psychologist Caroline Gorman was found to have engaged in professional misconduct and unprofessional conduct after she began the relationship less than two years after their clinical relationship ended.
Ms Gorman began treating prisoner AB, who had been jailed for violent conduct towards an ex-partner and their partner, in September 2018.
Their clinical relationship ended in November 2019 after AB was transferred to a different prison for a matter unrelated to the psychologist.
He was released from prison in October 2020.
About one month later, AB contacted Ms Gorman by social media and the pair began exchanging text messages.
The couple formed a relationship in January 2021, less than two years after she stopped treating him.
In Australia, psychologists are prohibited from inappropriate personal relationships with clients and former clients because of the potential for harm due to the inherent power imbalance.
The Victorian Civil and Administrative Tribunal heard Ms Gorman did not discuss with AB before entering a relationship the possibility that he, as a former patient, may be at risk of exploitation and did not encourage him to seek independent counselling for the risk.
The Psychology Board of Australia submitted to the medical board that Ms Gorman engaged in professional misconduct after breaching the profession's code of ethics.
The board wanted her registration to be suspended for six months with conditions imposed after that expires.
In her submission, Ms Gorman accepted and admitted to the misconduct citing the error was a "solitary lapse of judgment and out of character".
She apologised, stating she regretted the way the relationship began, if not the relationship itself, and asked that she be reprimanded without suspension or conditions imposed on her registration.
The Tribunal, made up of Judge Caitlin English and two health practitioner members, determined Ms Gorman's conduct constituted professional misconduct, issuing her with a reprimand but did not suspend her registration or impose further conditions.
"The Tribunal's view is that it is the treating relationship that connotes the power imbalance between Ms Gorman and Mr AB, as well as the vulnerability of Mr AB," the panel found.
"It is not an equal relationship."
The tribunal said the fact AB was no longer in prison and it was he who initiated contact with Ms Gorman did not lessen the seriousness of the conduct.
"It was Ms Gorman's responsibility, as the psychologist, to manage the relationship and maintain professional boundaries."
Ms Gorman has continued working unrestricted after interim conditions, placed on her registration, expired in March.
