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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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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ARAKKAL -v- MEDICAL BOARD OF AUSTRALIA [2017] WASCA 219

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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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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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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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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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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