New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Medical practitioners


   

  1. 22/09/2015
    Medical practitioners: Health Practitioner Regulation National Law (NSW), s 144; mental impairment, condition or disorder that detrimentally affects practitioner’s capacity to practise; order under s 149C cancelling registration; whether Tribunal’s rejection of treating psychiatrist’s evidence procedurally unfair; whether Tribunal’s finding as to impairment reasonably open; whether Tribunal’s exercise of discretion in cancelling practitioner’s registration miscarried
    Qasim v Health Care Complaints Commission  [2015] NSWCA 282
  2. 04/09/2014
    Medical practitioners: professional misconduct; doctor prescribed drugs of addiction and restricted substances to de facto partner, a drug-dependent person; doctor failed to maintain records of prescriptions and consultations and services; doctor no longer registered as a medical practitioner at time protective orders made; whether Tribunal failed properly to have regard to objective of protecting health and safety of public when making protective orders; Health Practitioner Regulation National Law (NSW) ss 3(2), 3A and 4; objective requires denunciation of serious misconduct; whether doctor should have been disqualified from being registered; effect of disqualification order on reapplication for registration; Health Practitioner Regulation National Law (NSW) ss 149C(4)(b) and 163B and Pt 7; appeal allowed
    Health Care Complaints Commission v Do  [2014] NSWCA 307
  3. 18/11/2013
    Medical practitioners: whether an obligation to take ‘further action’ pursuant to Health Practitioner National Law (WA) Act 2010 (WA) s 158 when ‘immediate action’ taken pursuant to Health Practitioner National Law (WA) Act 2010 (WA) s 156; the Board must immediately take further action after having taken immediate action; whether the Board must state proposed further action to be taken in its immediate action notice under Health Practitioner National Law (WA) Act 2010 (WA) s 156; whether failure to comply with obligation to provide not to give notice of proposed further action to be taken causes the order to be invalid; such a failure does not result in invalidity
    Bernadt v Medical Board of Australia  [2013] WASCA 259
  4. 18/10/2013
    Medical practitioners: unsatisfactory professional conduct; professional misconduct; appeal under s 162 Health Practitioner Regulation National Law (NSW); Medical Tribunal suspended doctor’s registration indefinitely when it had power to suspend it ‘for a specified period’; Tribunal authorised Medical Council to lift suspension if certain conditions imposed by Tribunal satisfied; Tribunal ordered certain conditions be placed on doctor’s practising certificate by Council; Tribunal ordered that Council fulfil its obligations under the National Law if doctor were to resume practice in New South Wales; whether any or all orders beyond power of Tribunal
    Health Care Complaints Commission v Philipiah  [2013] NSWCA 342
  5. 25/09/2012
    Medical practitioners: Professional misconduct; practitioner's addiction to narcotics affected practise; Medical Tribunal found that practitioner had engaged in professional misconduct and was impaired; whether findings inconsistent; whether manifest error of law
    Reimers v Health Care Complaints Commission  [2012] NSWCA 317
  6. 29/07/2011
    Medical practitioners: Unsatisfactory conduct and impairment; appeal against order of the Medical Tribunal to deregister the appellant medical practitioner on the basis of unsatisfactory professional conduct and impairment; whether open to Tribunal to make deregistration order
    Tung v Health Care Complaints Commission & Anor  [2011] NSWCA 219
  7. 06/07/2011
    Medical practitioners: Professional discipline; medical practitioners; imposing conditions on registration; conditions relating to practice as psychiatrist; requirement of supervision
    Lucire v Health Care Complaints Commission (No 2)  [2011] NSWCA 182
  8. 20/04/2011
    Medical practitioners: Discipline; obligations of psychiatrist; failure to prescribe anti-psychotic medication; failure to schedule patient; whether unsatisfactory professional conduct
    Lucire v Health Care Complaints Commission  [2011] NSWCA 99
  9. 19/08/2010
    Medical practitioners: Professional misconduct; whether s 37 of the Medical Practice Act 1992 in its pre-2008 form, permits Tribunal to find that examples of unsatisfactory conduct cumulatively justify a finding of "professional misconduct"; whether a finding of impairment necessarily leads Tribunal to the decision that a medical practitioner is not competent to practice medicine
    Lindsay v Health Care Complaints Commission  [2010] NSWCA 194
  10. 31/03/2010
    Medical practitioners: Unsatisfactory professional conduct or professional misconduct; characterisation; whether question should be remitted to Tribunal; discussion of Lindsay v HCCC
    Chowdhury v Health Care Complaints Commission  [2010] NSWCA 56