In Re Dr Ross Bills and the Medical Practice Act 1992 [2005] NSWMT 1
Although Dr Bills failed to arrange to see Dr Morse in July 2000, the Tribunal considered the elapsed time, the outcome of the s66 inquiry, and the later conditions requiring psychiatric treatment and review, and concluded that any contravention of condition 9 did not amount to unsatisfactory professional conduct. The complaint was therefore dismissed and it was not appropriate to vary his registration conditions.
- Jurisdiction
- Australia
- Judgment Date
- 17 January 2005
- Procedural Posture
- Medical Disciplinary Complaint Alleging Unsatisfactory Professional Conduct And/or Professional Misconduct / Medical Tribunal Determination
- Outcome
- The complaint was dismissed and each party was ordered to pay its own costs.
- Legal Topics
- ['conditions on Medical Registration' 'impaired Registrants' 'unsatisfactory Professional Conduct' 'failure to Attend Psychiatric Review' 'medical Practice Act Procedures']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Medical Disciplinary Complaint Alleging Unsatisfactory Professional Conduct And/or Professional Misconduct / Medical Tribunal Determination
Legal Issues
- 1 ['Whether Dr Ross Bills contravened a condition of his registration by failing to attend for review by Dr Morse in July 2000.' 'Whether any contravention of condition 9 amounted to unsatisfactory professional conduct.' "Whether it was appropriate to vary the conditions imposed on Dr Bills' continuing registration."]
Ratio Decidendi
Although Dr Bills failed to arrange to see Dr Morse in July 2000, the Tribunal considered the elapsed time, the outcome of the s66 inquiry, and the later conditions requiring psychiatric treatment and review, and concluded that any contravention of condition 9 did not amount to unsatisfactory professional conduct. The complaint was therefore dismissed and it was not appropriate to vary his registration conditions.
Court Disposition
The complaint was dismissed and each party was ordered to pay its own costs.
Orders
- ['The complaint be dismissed.' 'Each party pay its own costs.']
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