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).”
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High court finds that tribunal treated GP too leniently

BMJ 2017; 359: j5564
Author: Clare Dyer
“The General Medical Council has won a High Court ruling that a medical practitioners’ tribunal treated a GP too leniently when deciding whether his fitness to practise was impaired. A High Court judge ruled that the basis on which the tribunal decided that Muhammed Moazzam Chaudhary’s fitness to practise was impaired was too narrow and failed to take account of the need to maintain proper professional standards and public confidence in the profession.”
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Dr Floreani v Chiropractic Board of Australia (Review and Regulation) [2017] VCAT 1615

Decision date: 27 November 2017
“Review and Regulation List – chiropractor – application for stay of suspension decision by Immediate Action Committee of the Chiropractic Board pending hearing of application for review – Health Practitioner Regulation National Law s.156; Victorian Civil and Administrative Tribunal Act 1998 s. 50(3).”
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Medical Board of Australia and Panegyres [2017] WASAT 146

Decision date: 21 November 2017
“Medical practitioner – Disciplinary matters – Unprofessional conduct – Professional misconduct – Charging patient for services not provided – Charging patient for services not clinically indicated – Charging for services where no clinical notes – Charging Medicare Australia for services – Code of Conduct for doctors in Australia – Capacity of patient to make decisions concerning his estate – Conduct substantially below standard reasonably expected of a health practitioner of an equivalent level of training or experience.”
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Pharmacy Board of Australia v Mak (Review and Regulation) [2017] VCAT 1901

Decision date: 24 November 2017
“Review and Regulation List – Health Practitioner Regulation National Law (Victoria) Act 2009; ss.5, 130; 196; professional misconduct; unprofessional conduct; theft; failure to notify Board within seven days of having been charged; failure to notify Board within seven days a finding of guilt. Reprimand -conditions to undertake education and conditions to undertake a period of mentoring.”
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Health Care Complaints Commission v Farrell [2017] NSWCATOD 160

Decision date: 6 November 2017
“Health Practitioner Regulation National Law – Medical Radiation Practice (Radiology) – objectives and principles of the National Law – principles binding the Tribunal – unsatisfactory disciplinary conduct – meaning and principles to be applied – professional misconduct – meaning and principles to be applied – impairment – meaning and principles to be applied – competence – meaning and principles to be applied – suitability to practise – meaning and principles to be applied.”
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Henkelman v Psychology Council of NSW [2017] NSWCATOD 161

Decision date: 8 November 2017
“Application for dismissal of appeal pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 – principles to be applied. In summary, the Council: (1) Noted a pattern of complaints that raised concerns that Mr Henkelman either did not understand, or was in wilful disregard of his professional responsibilities in relation to professional boundaries; (2) Found that those complaints also raised concerns in regard to Mr Henkelman’s ability to communicate professionally and effectively.”
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