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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Health Care Complaints Commission v Qadri [2017] NSWCATOD 155

Decision date: 30 October 2017
“Medical practitioner – inappropriate prescription of drugs of addiction without authority – held guilty of professional misconduct – finding that cancellation of registration is appropriate protective order – costs order made.”
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De-doctoring medicine via another layer of bureaucracy

MJA Insight, 30 October 2017
Author: Aniello Iannuzzi
“The draft report of the Independent Review of Accreditation Systems within the National Registration and Accreditation Scheme (NRAS) for health professions has been released and it proposes massive changes, and is not to be glossed over.”
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Canberra doctor ‘inappropriately kissed and hugged’ female patient

SMH, 28 October 2017
Author: Steven Trask
“A Canberra doctor behaved inappropriately when he intimately kissed and hugged a female patient, an independent tribunal has found. Dr Mohamed Helmy, a general practitioner from the suburb of Conder, fronted the ACT Civil and Administrative Tribunal earlier this month to answer a number of allegations made by the Medical Board of Australia.”
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Bahramy v Medical Council of New South Wales [2017] NSWCATOD 146

Decision date: 19 October 2017
“ADMINISTRATIVE LAW -Application for reregistration of medical practitioner following deregistration in 2008 for professional misconduct -Whether practitioner has demonstrated he is a fit and proper person to be reinstated to the register -Applicant lacking insight-Application dismissed.”
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