In a recent case, the Civil and Administrative Tribunal approved the reinstatement of a practitioner’s registration who had previously had complaints filed against him and had breached conditions put upon his ability to practice.
Background on the practitioner’s registration suspension
The practitioner, who obtained registration in 1995, did not practice from June 2009 to August 2010 because of his struggle with severe depression and anxiety. After complaints were filed against him that he had prescribed drugs irresponsibly in 2009, he consented to the imposition of conditions on his registration which forbid him from prescribing, possessing, supplying, administering, handling or dispensing any of the types of drugs he had mishandled.
He then was found to have prescribed these drugs between May 2011 and April 2012. Provisions were then placed on his registration for added supervision and assessments by a psychiatrist.
In 2015, the Health Care Complaints Commission continued the conditions on his registration, and also required him to be part of a group practice, attend further treatment, join the Royal Australian College of General Practitioners and attend monthly medical education courses. At the time, some of these conditions were deemed critical and if he breached them, his registration could be cancelled.
Then, in December 2016 and January 2017, the practitioner reportedly did not attend the required medical education courses. The practitioner’s registration was then cancelled by the Tribunal, as necessary to comply with the Health Practitioner Regulation National Law.
Since January 2017, the practitioner has complied with attending the required medical education courses. It was stated by the Tribunal that the original breaches were not serious, as the practitioner only had missed two sessions, and the breach did not impact the protection of the public in any way. Because of these conclusions, the Tribunal decided that the practitioner should have the opportunity to seek registration.
A reinstatement order was given in favour of the applicant and the judgement was given that he may be registered in accordance with Part 7 of the Health Practitioner Regulation National Law. The applicant was also ordered to pay the respondent’s costs.
Navigating medical negligence claims can be confusing. Our team of experienced lawyers at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers can assist you if you feel you are eligible to receive medical negligence compensation. We offer free consultations, so get in touch with us today.