Karimi v Medical Council of New South Wales

Decision date: 20 December 2017
“OCCUPATIONS – medical practitioners – suspension of registration under s 150 of the Health Practitioner Regulation National Law – external appeal under s 159 – nature of external appeal – allegations of professional misconduct, illegal prescribing, dispensing and storing of medication, inappropriate clinical record keeping, doctoring certificate and practising whilst unregistered – whether it is appropriate to terminate, vary or confirm period of suspension – period of suspension confirmed.”
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HCCC v Sundarajah [2017] NSWCATOD 182

Decision date: 22 December 2017
“PROFESSIONS AND TRADES — health practitioner — whether contravention of a condition of a health practitioner’s registration amounts to professional misconduct. PROFESSIONS AND TRADES — health practitioner — whether practitioner has an impairment — whether practitioner is not competent to practise.”
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Health Care Complaints Commission v Harvey [2017] NSWCATOD 175

Decision date: 6 December 2017
“Unsatisfactory professional conduct – improper and unethical conduct. Breach of Conditions Imposed by Nursing and Midwifery Council of NSW. Whether conduct amounted to professional misconduct. Where practitioner does not attend the hearing.”
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De Lacy v Medical Board of Australia (No 2) [2017] QCAT 430

Decision date: 8 December 2017
“PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – MEDICAL PRACTITIONERS – DISCIPLINARY PROCEEDINGS – OTHER MATTERS – where the practitioner applied to the Board for the removal of conditions previously imposed upon his registration by the Tribunal by consent – where the Board refused to remove the conditions – where the practitioner applied for a review of that decision – where the Tribunal removed the conditions upon the practitioner’s registration and imposed a separate set of conditions – where the parties were subsequently requested to make submissions on costs – whether the interests of justice require the Tribunal to make an order as to costs.”
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An uncomfortable mismatch between control and responsibility

The BMJ Opinion, 11 December 2017
Author: Robin Baddeley
“For a hungry press, the case of Hadiza Bawa-Garba is the gift that just keeps giving. It has all the ingredients for necessary outrage: the death of a disabled child, protracted legal proceedings, and angry patient advocates who perceive the closing of ranks by a profession more willing to protect their own than admit responsibility for clinical failings. The case drives a wedge deeper into the increasingly fractured relationship between the profession and its regulator, the General Medical Council (GMC). Such professional distrust makes for good stories; suspicion sells in all directions.”
Find article here.

Health Care Complaints Commission v Menz (No. 2) [2017] NSWCATOD 172

Decision date: 30 November 2017
“PROFESSIONS AND TRADES – Health Practitioner – whether practitioner not a suitable person to hold registration. WORDS AND PHRASES – meaning of “substantial risk to the health of the pubic”. COSTS – principles applying to awarding costs under Health Practitioner Regulation National Law (NSW).”
Find decision here.