NG v Chinese Medicine Board of Australia [2017] NSWCATOD 36

Decision date: 15 March 2017
“PROFESSIONS AND TRADES – Where health practitioner has appealed against conditions placed on her registration – where the Chinese Medical Board concedes an error in imposing conditions and has caused removal of conditions from the Register maintained by the Australian Health Practitioner Regulation Agency –
Whether appeal is frivolous or vexatious or misconceived or lacking in substance – Consideration of objects of Civil and Administrative Tribunal Act 2013 (NSW) and of the Health Practitioner Regulation National Law – whether dismissal of appeal would deny appellant procedural fairness. Where continuation of appeal will not result in a practical outcome.”
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da HORTA -v- PODIATRY BOARD OF AUSTRALIA [2017] WASC 82

Delivered: 24 March 2017
“On about 30 November 2016, the Board notified the applicant that it had decided under s 178 and s 179 of the Health Practitioner Regulation National Law to caution him. The Board gave brief reasons for its action, finding certain failings in the applicant’s treatment of a named patient, including that he should have communicated risks and likely success or failure rates of any proposed treatment more clearly, should have conducted a more through ‘consenting process’, and that his clinical records were inadequate. It stated his professional performance ‘is or may be unsatisfactory’.”
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Nursing and Midwifery Board of Australia v Scott (Review and Regulation)

Date of order: 8 March 2017
“Health Practitioner Regulation National Law (Victoria) Act 2009 – ss 5 & 196 – suicide of in-patient in psychiatric inpatient service in context of failure by registered nurse to conduct 30 minutely observations or ensure such were conducted by other persons – failure by registered nurse to appropriately comply with supervision condition on registration.”
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Hunter v Nursing and Midwifery Board of Australia [2017] NTCAT 109 

Decision date: 16 February 2017
“The performance assessment report was critical of the Applicant’s medical knowledge, and in July 2016 the Respondent imposed conditions on his registration. The conditions included that the Applicant to always work with another registered nurse, to not work out of usual hours, to have at least 6 sessions of mentoring, and to undertake a further performance assessment at the end of this mentoring.The Appellant objected to these conditions and has appealed the Board’s decision.”
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Tribunal reprimands pharmacist for unprofessional conduct

AHPRA, 2 March 2017
“The Queensland Civil and Administrative Tribunal (the tribunal) has reprimanded pharmacist Mr Hayden Swan and imposed conditions on his registration after finding he engaged in unprofessional conduct by inappropriately dispensing Sustanon 250 (testosterone) to a patient.”
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Medical Board of Australia v Alkazali (Review and Regulation)

Date of order: 28 February 2017
“The Tribunal has previously determined that the Respondent’s conduct amounted to professional misconduct involving serious breaches of the ‘Good Medical Practice: A Code of Conduct for Doctors in Australia’ and the Medical Board of Australia’s ‘Sexual Boundaries: Guidelines for doctors’, including a serious failure to maintain appropriate professional boundaries; sexualised behaviour; improper advice to a patient; and misleading and deceptive communications with the Medical Board of Australia (Board).”
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Professor David Morris – Unsatisfactory professional conduct

HCCC, 23 February 2017
“The Health Care Complaints Commission brought a complaint against Professor David Morris, a colorectal surgeon, concerning his decision to permit an overseas based doctor who was not registered in Australia, to operate on a patient on 6 November 2014 at St George Public Hospital as part of a lengthy peritonectomy procedure.”
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Ruling on assisted dying drug Nembutal sets important precedent

The Conversation, 28 February 2017
Author: Simon Chapman
“Just before Christmas 2016, the Victorian Civil and Administrative Tribunal (VCAT) handed down a historic judgement in a case brought by the veteran advocate for assisted dying, Dr Rodney Syme. This followed a decision, which was then referred to its immediate action committee by the Medical Board of Australia, to prevent Syme from “engaging in the provision of any form of medical care, or any professional conduct in his capacity as a medical practitioner that has the primary purpose of ending a person’s life”.”
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