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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GMC begins High Court appeal over suspension of paediatrician convicted of manslaughter

BMJ 2017; 359: j5718
Author: Clare Dyer
“A medical practitioners tribunal erred in deciding only to suspend a doctor convicted of gross negligence manslaughter from the UK medical register rather than strike her off, the General Medical Council has said in the High Court.”
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Tribunal suspends psychologist for professional misconduct

Psychology Board of Australia, 1 December 2017
“A tribunal has reprimanded a psychologist, suspended her registration for 18 months and imposed conditions on her registration to come into effect if and when she returns to practice. The tribunal made its decision after finding that the practitioner had behaved in a way that constitutes professional misconduct in relation to her consultations with a child, communications with the Police and communications with the Family Court of Western Australia.”
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Decision date: 28 November 2017
“Health Practitioner National Law – Appeal from decision of State Administrative Tribunal upholding decision of Medical Board of Australia to refuse to renew the appellant’s specialist registration as an orthopaedic surgeon – Whether Tribunal erred in finding that the appellant’s specialist registration occurred without an application and subsequent consideration by the Board – Whether Tribunal erred in finding that the appellant was not registered as a specialist under s 38(4) of the Medical Practitioners Act 2008 (WA) and that her registration came about due to an administrative mistake – Whether Tribunal erred in accepting certain evidence as to the appellant’s qualifications and the manner in which her name was entered onto the specialist register.”
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Medical practitioner’s registration cancelled for serious and unethical misconduct

Medical Board of Australia, 29 November 2017
“A tribunal has cancelled medical practitioner Wijeneka Liyanage’s registration for serious and unethical misconduct, which included an inappropriate personal relationship with a patient, unsatisfactory professional performance in relation to two other patients, and for deleting and falsifying medical records with the intention of misleading an investigation into his practice.”
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Graduate refused registration as psychologist – after taking one year off

SMH, 3 December 2017
Author: Michael Evans
“A psychology graduate who has completed three tertiary degrees in 20 years since arriving in Australia has had her application to practise rejected under English language competency provisions because she took a year off her studies. In a case before the NSW Civil and Administrative Tribunal, the psychology graduate, identified only as Ms Han, appealed a decision by the Psychology Board of Australia as a “matter of principle”.”
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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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Clarke v Nursing and Midwifery Council [2017] NSWCATOD 163

Decision date: 15 November 2017
“Nursing – appeal against interim conditions on registration – failure of practitioner to undertake performance assessment on health grounds – failure to undertake requested health assessment – condition imposed not to practice – condition imposed to undertake health assessment – whether conditions appropriate for the protection of the public or otherwise in the public interest.”
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Medical Council of New South Wales v Lee [2017] NSWCA 282

Decision date: 6 November 2017
“PROFESSIONS AND TRADES – allegations of criminal conduct against medical practitioner – medical practitioner suspended pursuant to s 159 of Health Practitioner Regulation National Law (NSW) – stay granted by Tribunal pursuant to s 43(3) of Civil and Administrative Tribunal Act 2013 (NSW) – whether Tribunal had power to grant stay – Tribunal not empowered by s 43(3) – National Law intended to be exhaustive – Tribunal not empowered by s 161B of National Law unless medical practitioner appeals against the suspension decision with respect to a point of law. PROCEDURE – whether appellant’s failure to put argument to Tribunal precludes grant of leave – appellant concedes it should pay costs of appeal – interests of justice that appellant be permitted to rely on argument.”
Find decision here.