The question of who can sign and how they can validly sign depends on the document, and the identity of the parties. In the modern age (particularly in light of COVID-19), electronic signing has a growing role to play. A temporary legislative response enabling...
Health Blog
Private health insurance and competition
In his recent article, David McMullen provides insights on common features of preferred provider schemes and criticisms from the health care sector. David also addresses the effect private health funds have on competition. Please click on the below image to read the...
Development of Public Interest Ground in immediate action – some observations from recent cases
Legislative changes in August 2018 included the introduction of the Public Interest Ground to compliment the existing grounds of when immediate action may be taken - because of a practitioner’s ‘conduct, performance or health’ they pose a serious risk to persons and...
Case summary | Patient sues urologist for failing to inform him of an alternative to surgery
The background In February 2017, Mr Hamlyn was diagnosed with Gleason Grade 7 prostate cancer. He was advised by his urologist, Dr Stanton, that he required active treatment. Relevantly, Dr Stanton discussed with Mr Hamlyn the merits of both surgery and radiation...
Case summary | Pharmacist successful in appeal after being found to have dispensed steroids for non-therapeutic uses
The key issue The bases on which an applicant may rely on appealing findings of the Tribunal. The background Mr Hegde (the applicant), a pharmacist, admitted that he had behaved in a way that constitutes professional misconduct in relation to his dispensing of...
Case summary | Registered nurse avoids suspension after pleading guilty to drug offences
The key issue The appropriate sanction for criminal (drug) offences. The background The case relates to a registered nurse’s convictions for drug-related offences in December 2017. A search warrant executed at the practitioner’s house in September 2017 found a large...
Case summary | Resident Medical Officer disqualified from applying for registration after being found guilty of manslaughter
The key issue What is the appropriate disciplinary sanction for practitioners who are found guilty of serious criminal conduct? The background The case relates to a doctor (the respondent) found guilty of manslaughter against her husband (the deceased). The respondent...
Case summary | Sydney GP fails in bid to suppress his name on grounds of mental health
The key issue The considerations to be taken into account when considering a suppression order application. The background A GP applied for a suppression order in respect of his name as published in a decision of 5 January 2018. That decision relates to a finding of...
Case summary | Practitioner’s registration cancelled for inappropriate pre-operative, surgical and post-operative cosmetic care
The background The case relates to the performance and conduct of a practitioner who carried out cosmetic surgery, principally breast augmentation surgery, on 12 patients. The matter also concerns the practitioner’s convictions for carrying out surgery on nine...
Case summary | GP successful in appealing immediate action suspension pending rape trial
The key issue Whether, and if so what, immediate action should be taken against Dr Kelvin Vo, following an allegation made to police and notified to the Medical Board of Australia (Board) that he engaged in inappropriate sexual conduct with a male patient during a...