In Re Dr Paul Herbert CORBETT [2005] NSWMT 14

In Re Dr Paul Herbert CORBETT [2005] NSWMT 14

The Tribunal dismissed Dr Corbett's application because it was not satisfied on the balance of probabilities that circumstances had varied or changed sufficiently to justify replacing the public hospital supervision condition with the proposed general practice arrangement. The proposed Dubbo supervision lacked adequate structure and in-built checks to protect the public, particularly given Dr Corbett's long absence from general practice, poor prior supervised hospital performance, further criminal offending, continuing alcohol-related concerns, dishonesty with regulatory processes, and cognitive impairment. The Commission's complaints were established because the criminal convictions and...

Jurisdiction
Australia
Judgment Date
23 March 2005
Procedural Posture
Medical Disciplinary Complaint Under S 51(1) Medical Practice Act 1992 (nsw) and Medical Practitioner's Application Under S 92(1) to Lift or Vary Registration Conditions / Final Hearing and Orders
Outcome
Dr Corbett's application dismissed; Commission's complaints 1 and 2 established; Dr Corbett reprimanded and ordered to pay the Commission's costs on both applications.
Legal Topics
['review of Registration Conditions' 'medical Practitioner Impairment' 'alcohol Abuse or Dependence' 'cognitive Disorder' 'criminal Convictions and Findings' 'public Protection' 'supervised Medical Practice']
['medical Profession Regulation' 'professional Discipline' 'administrative Law'] ['review of Registration Conditions' 'medical Practitioner Impairment' 'alcohol Abuse or Dependence' 'cognitive Disorder' 'criminal Convictions and Findings' 'public Protection' 'supervised Medical Practice']

Case Brief

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Procedural Posture

Medical Disciplinary Complaint Under S 51(1) Medical Practice Act 1992 (nsw) and Medical Practitioner's Application Under S 92(1) to Lift or Vary Registration Conditions / Final Hearing and Orders

Legal Issues

  1. 1 ["Whether Dr Corbett's condition requiring work under supervision in an approved public hospital for not less than two years should be lifted or varied to permit supervised private general practice, including at the Western Plains Medical Centre in Dubbo." "Whether the Commission's complaint based on Dr Corbett's criminal convictions and criminal findings was established." 'Whether Dr Corbett suffered from an impairment, including alcohol abuse or dependence and cognitive disorder not otherwise specified, which detrimentally affected or was likely to detrimentally affect his mental capacity to practise medicine.' 'Whether a reprimand and costs orders should be made.']

Ratio Decidendi

The Tribunal dismissed Dr Corbett's application because it was not satisfied on the balance of probabilities that circumstances had varied or changed sufficiently to justify replacing the public hospital supervision condition with the proposed general practice arrangement. The proposed Dubbo supervision lacked adequate structure and in-built checks to protect the public, particularly given Dr Corbett's long absence from general practice, poor prior supervised hospital performance, further criminal offending, continuing alcohol-related concerns, dishonesty with regulatory processes, and cognitive impairment. The Commission's complaints were established because the criminal convictions and...

Court Disposition

Dr Corbett's application dismissed; Commission's complaints 1 and 2 established; Dr Corbett reprimanded and ordered to pay the Commission's costs on both applications.

Orders

  • ["On Dr Corbett's Application: Application dismissed." "On Dr Corbett's Application: Dr Corbett to pay the Commission's costs." "On Commission's Application: Complaints 1 & 2 are established." "On Commission's Application: By reason of complaint 1, Dr Corbett is reprimanded." "On Commission's Application: Dr Corbett...