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judicial review

Health Service Investigation Report subject to Judicial Review
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Health Service Investigation Report subject to Judicial Review

The cardiologist was the subject of an investigation for maladministration of an indigenous health program.  The matter was investigated by health service investigators and a report dated 17 August 2018 set out their findings, analysis and relevant enquires undertaken (the Report). In short, the Report insinuated that the doctor had engaged in corrupt conduct through an omission in governance....

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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....

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Podiatrist’s application for judicial review of Board’s decision to caution him dismissed

In October 2015, the Board received a notification from a patient on whom the podiatrist had performed surgery. The complaint had been about the result of the surgery and did not deal with the adequacy of the consultation, discussion of risks, and process of obtaining consent. After receiving the notification, the Board provided the podiatrist with a copy of the notification, and identified the ...

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