Marquinez v Health Care Complaints Commission [2017] NSWCATOD 148

Decision date: 20 October 2017
“This is an application of Mr Orlando Marquinez for reinstatement to the register of nurses. We propose to dismiss the application for reinstatement. In addition, we propose to make an order pursuant to s 1263B of the National Law, as sought by the applicant. We further propose that a period of six months elapse before Mr Marquinez may apply again under s 163A of the National Law to the Tribunal to be reinstated to the Register.”
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Ahmad v Medical Board of Australia (Review and Regulation) [2017] VCAT 1646

Decision date: 11 October 2017
“Review and Regulation List – Immediate Action against a medical practitioner– Summary suspension of applicant’s Alaskan medical licence – whether practitioner’s registration has been suspended under the law of another jurisdiction –whether reasonable belief that because of his performance or conduct the practitioner poses a serious risk to persons and it is necessary to take immediate action to protect public health or safety – conduct relating to practitioner’s prescribing of controlled substances including opioids while in practice in Alaska –whether practitioner can be permitted to work only as an anaesthesiologist or whether suspension is the minimum regulatory action required – decision of the respondent affirmed – Health Practitioner National Law ss 3(3)(c), 155, 156(1)(a), 156(1)(d).”
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Victorian woman fined $20,000 for posing as a psychologist and a general practitioner

Medical Board of Australia, 10 October 2017
“A court has fined a Victorian woman $20,000 without conviction and ordered her to pay $10,000 in costs for holding out as a psychologist and as a general practitioner. It followed her treatment of patients as a psychologist while not registered to do so under the National Law.”
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GP who had “wholly inappropriate” relations with patient is struck off

BMJ 2017; 359: j4798
Author: Clare Dyer
“A GP who engaged in a “wholly inappropriate” sexual relationship with a vulnerable patient has been struck off the UK medical register by a High Court judge, after the General Medical Council successfully appealed against a decision to suspend him for 12 months.”
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Health Care Complaints Commission v Menz [2017] NSWCATOD 141

Decision date: 29 September 2017
“PROFESSIONS AND TRADES – health practitioner – whether practitioner not a suitable person to hold registration. PROCEDURAL FAIRNESS –hearing complaint in absence of respondent constitutes a denial of procedural fairness.”
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Hampshire v Medical Council of NSW [2017] NSWCATOD 140

Decision date: 29 September 2017
“On 4 August 2017 delegates of the respondent Medical Council of NSW determined to suspend the registration of the applicant Dr Robert Hampshire as a medical practitioner pursuant to the provisions of the Health Practitioner Regulation National Law (“the National Law”). Written reasons for their decision were issued by the delegates on 25 August 2017. On 16 August 2017 the applicant instituted appeal proceedings from the decision to suspend his registration, and on the same day filed an application for a stay of the order of suspension. It is that stay application which is the subject of these reasons for decision.”
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Health Care Complaints Commission v De Saxe [2017] NSWCATOD 135

Decision date: 12 September 2017
“Medical Practitioner: practitioner engaging in sexual conduct with patients – practitioner prescribing inappropriately for patient – practitioner prescribing for self-medication – practitioner failing to maintain proper records – practitioner failing to communicate with other treating specialists of patient – complaints of unsatisfactory professional conduct constituting professional misconduct established.”
Find decision here.