Skip to content Skip to menu

disciplinary and professional regulation law

disciplinary and professional regulation law

Picture of

Suspension not necessary for Ophthalmic Surgeon found guilty of professional misconduct

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 doctor’s professional competence raised matters of some complexity relevant to the specialist medical discipline of ophthalmology....

  1. Health Blog

Read More

Immediate action prohibiting Doctor from performing circumcisions overturned
Picture of

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 where it was necessary for him to undergo surgery with blood transfusion.  The notification also raised issues regarding the documentation of the consultation and procedure, and informed consent....

  1. Health Blog

Read More

Appeal Dismissed - Medical Practitioner facing criminal charges permitted to practice pending outcome
Picture of

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 action. The Board had suspended the practitioner’s registration under s156(1)(e) of the Health Practitioner Regulation ...

  1. Health Blog

Read More

Continued Suspension not in public interest
Picture of

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 practitioner's appeal. Click here to read the decision in Hill v Medical Council of New South Wales [2019] NSWCATOD 97. On Appeal, the Medical ...

  1. Health Blog

Read More

Anaesthetist who undertook unnecessary rectal examination succeeds in staying suspension of his registration
Picture of

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 against the suspension is heard in full. Dr Adam Hill’s registration was suspended by the Medical Council of New South Wales on and from 4 March 2019....

  1. Health Blog

Read More

Redetermination of Penalty following Appeal provides similar outcome
Picture of

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 Doctor’s misleading medical notes on the Patient and his prolonged course of conduct between 18 November 2013 and 15 April 2015, ...

  1. Health Blog

Read More

Picture of

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 and the wider community because of issues surrounding power imbalance, trust, safety and quality of health care. However, the new ...

  1. Health Blog

Read More

Picture of

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 document entitled "Minute of Proposed Orders" was signed by the solicitors acting for the parties. The Minute took the form of an order ...

  1. Health Blog

Read More

Picture of

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) disqualification and (3) prohibition. Despite the nurse's consent and the absence of any argument about protective orders, the Tribunal made only one of the protective orders, being (1) cancellation....

  1. Health Blog

Read More

Picture of

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 affected by the scheme requiring them to notify the Information Commissioner and any individuals likely to be at risk of serious harm in the event of an eligible data breach....

  1. Aged Care Blog, Health Blog

Read More

Picture of

Immediate action against practitioner after suspension of medical licence in US

The immediate action process arose from a notification the Board received in August 2016 that the practitioner, who was practicing in both the US and Australia, had had his medical licence summarily suspended in June 2016 by Judge Mandala, an Administrative Law Judge of the Alaskan Office of Administrative Hearings. The practitioner’s suspension in Alaska followed an investigation into his prescribing ...

  1. Health Blog

Read More

Picture of

New Codes of Conduct for Nurses and Midwives

The Codes are founded on evidence-based practice and specify the legal requirements, professional behaviour and conduct expectations for all nurses and midwives across Australia, in all practice settings. The Codes will replace the existing Code of Professional Conduct for Nurses, Code of Professional Conduct for Midwives, and the professional boundaries documents. The Board’s intention is ...

  1. Health Blog

Read More