Re the Medical Practice Act 1992 and Dr. Ghalib Mohammad Talib HAMAD [2004] NSWMT 4

Re the Medical Practice Act 1992 and Dr. Ghalib Mohammad Talib HAMAD [2004] NSWMT 4

Dr Hamad prescribed drugs of addiction for continuous therapeutic use exceeding two months without authority, failed to maintain proper records and drug registers, and stored drugs unsafely, departing significantly from accepted medical standards. The conduct amounted to professional misconduct under the Medical Practice Act 1992.

Jurisdiction
Australia
Judgment Date
11 October 2004
Procedural Posture
Disciplinary Proceedings / Final Determination
Outcome
Professional misconduct found; reprimand; conditional registration and education ordered; partial costs order.
Legal Topics
['professional Misconduct' 'medical Prescribing Standards' 'record Keeping' 'drug Storage' 'disciplinary Orders']
['health Law' 'professional Regulation'] ['professional Misconduct' 'medical Prescribing Standards' 'record Keeping' 'drug Storage' 'disciplinary Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Disciplinary Proceedings / Final Determination

Legal Issues

  1. 1 ["Whether Dr Hamad's conduct constituted professional misconduct under the Medical Practice Act 1992" "Interpretation of 'continuous therapeutic use' under s 28(a) Poisons and Therapeutic Goods Act 1966" 'Adequacy of record-keeping and drug storage requirements for drugs of addiction']

Ratio Decidendi

Dr Hamad prescribed drugs of addiction for continuous therapeutic use exceeding two months without authority, failed to maintain proper records and drug registers, and stored drugs unsafely, departing significantly from accepted medical standards. The conduct amounted to professional misconduct under the Medical Practice Act 1992.

Court Disposition

Professional misconduct found; reprimand; conditional registration and education ordered; partial costs order.

Orders

  • ['Particulars 1,2,3,4 and 5 are proved.' "Practitioner's conduct proved amounts to professional misconduct." 'Dr Hamad is reprimanded.' "Dr Hamad to successfully complete 'Assessment for Competency of Schedule 8 Prescribing' course within 6 months at own cost." 'Dr Hamad to advise Medical Board of course completion...