The complaint in respect of each patient was separated into two issues: the medical treatment provided to the patient; and the failure to maintain adequate medical records for that patient. The matters that were the subject of each complaint which related to the...
disciplinary and professional regulation law
Immediate action prohibiting Doctor from performing circumcisions overturned
The complaint concerned a circumcision undertaken by Dr Al-Naser on 6 September 2018 on a five month old male patient (the Circumcision), and the follow up care on 6 and 7 September 2018. The Patient experienced some bleeding and was subsequently admitted to Hospital...
Appeal Dismissed – Medical Practitioner facing criminal charges permitted to practice pending outcome
The Supreme Court of Victoria has dismissed an appeal by the Medical Board of Australia (Board) against the decision of the Victorian Civil and Administrative Tribunal (VCAT) to overturn its decision to suspend a medical practitioner’s registration by way of immediate...
Continued Suspension not in public interest
In April 2019 Julia Wilcock reported on the Tribunal's decision to stay the suspension of the anaesthetist pending his appeal in the matter. Click here to read Julia's post and the background to the case. Last week, the Tribunal delivered its decision on the...
Anaesthetist who undertook unnecessary rectal examination succeeds in staying suspension of his registration
An anaesthetist who undertook a clinically unnecessary rectal examination of an anaesthetised patient at the alleged encouragement of the colorectal surgeon performing the procedure was successful in having the suspension of his registration stayed until his appeal...
Redetermination of Penalty following Appeal provides similar outcome
On 31 January 2017 the State Administrative Tribunal handed down its initial decision finding that the Doctor’s conduct in relation to a Patient constituted a serious breach of professional boundaries and sexual misconduct. In addition, the Tribunal found that the...
Medical Board “Bonk Ban”: what you need to know
It has always been essential for doctors to maintain professional boundaries and not establish or pursue any sexual, exploitative or other inappropriate relationship with someone under their care. Such relationships are always unethical and usually harmful to patients...
Doctor denied procedural fairness by Tribunal
Proceedings had been commenced in the Tribunal by the Medical Board alleging a breach of professional boundaries, sexual misconduct, misleading entries in clinical notes and making false statements to AHPRA and the Board. Following conferral between the parties, a...
No obligation on Tribunal to make all or any combination of protective orders available
Following the making of findings of professional misconduct against a registered nurse who had commenced a sexual relationship with a patient under his care in a psychiatric facility, the nurse consented to a package of orders which included (1) cancellation, (2)...
Notifiable Data Breach scheme commences
From 22 February 2018, the Notifiable Data Breaches (NDB) scheme will apply to all agencies and organisations with existing personal information security obligations under the Privacy Act 1988 (Privacy Act). All private sector health and aged care organisations are...