Medical Board of Australia and Panegyres [2017] WASAT 146

Decision date: 21 November 2017
“Medical practitioner – Disciplinary matters – Unprofessional conduct – Professional misconduct – Charging patient for services not provided – Charging patient for services not clinically indicated – Charging for services where no clinical notes – Charging Medicare Australia for services – Code of Conduct for doctors in Australia – Capacity of patient to make decisions concerning his estate – Conduct substantially below standard reasonably expected of a health practitioner of an equivalent level of training or experience.”
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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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Oxygen clinic staff to take stand when chiropractor faces court over dead client

SMH, 16 November 2017
Author: Adam Cooper
“Staff at an oxygen therapy clinic that claimed to offer cures for HIV and cancer and was caught up in the Essendon doping saga are to take the stand when their boss faces court over a client’s death.”
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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.”
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Health Care Complaints Commission v Farrell [2017] NSWCATOD 160

Decision date: 6 November 2017
“Health Practitioner Regulation National Law – Medical Radiation Practice (Radiology) – objectives and principles of the National Law – principles binding the Tribunal – unsatisfactory disciplinary conduct – meaning and principles to be applied – professional misconduct – meaning and principles to be applied – impairment – meaning and principles to be applied – competence – meaning and principles to be applied – suitability to practise – meaning and principles to be applied.”
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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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Health Care Complaints Commission v Kesserwani [2017] NSWCATOD 149

Decision date: 23 October 2017
“Chiropractor – professional boundaries – communication with patient after complaint made – complaint withdrawn by patient – false statements made to the Health Care Complaints Commission about extent of contact with patient. Improper and unethical conduct. Whether conduct amounted to professional misconduct.”
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Health Care Complaints Commission v Robinson [2017] NSWCATOD 147

Decision date: 19 October 2017
“Medical practitioner – disagreement between surgeon and anaesthetist with respect to further conduct of operation – failure to attend to patient in a timely fashion – self prescription of medication – prescription of medication to close family member – finding of professional misconduct – doubt concerning finding of impairment despite concession by medical practitioner that impaired.”
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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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