Health Care Complaints Commission v Pembroke [2011] NSWMT 11

Health Care Complaints Commission v Pembroke [2011] NSWMT 11

Dr Pembroke admitted to breaching conditions on his registration relating to the use of controlled substances, which amounts to unsatisfactory professional conduct and, for some admitted particulars, professional misconduct. In light of his admissions, evidence of reformation, and the absence of recent transgressions, the Tribunal imposed further protective conditions on registration, prioritising public safety, and ordered the payment of costs.

Jurisdiction
Australia
Judgment Date
19 September 2011
Procedural Posture
Disciplinary Proceedings / Final Determination and Orders
Outcome
Proven conduct; conditions imposed; costs awarded
Legal Topics
['breach of Registration Conditions' 'professional Misconduct' 'unsatisfactory Professional Conduct' 'protective Orders' 'practitioner Impairment' 'costs Orders']
['health Law' 'medical Regulation' 'professional Discipline'] ['breach of Registration Conditions' 'professional Misconduct' 'unsatisfactory Professional Conduct' 'protective Orders' 'practitioner Impairment' 'costs Orders']

Case Brief

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Procedural Posture

Disciplinary Proceedings / Final Determination and Orders

Legal Issues

  1. 1 ['Whether Dr Pembroke engaged in unsatisfactory professional conduct and/or professional misconduct under the Medical Practice Act 1992' 'Whether breaches of conditions imposed by the NSW Medical Board occurred' 'Appropriate orders for protection of the public']

Ratio Decidendi

Dr Pembroke admitted to breaching conditions on his registration relating to the use of controlled substances, which amounts to unsatisfactory professional conduct and, for some admitted particulars, professional misconduct. In light of his admissions, evidence of reformation, and the absence of recent transgressions, the Tribunal imposed further protective conditions on registration, prioritising public safety, and ordered the payment of costs.

Court Disposition

Proven conduct; conditions imposed; costs awarded

Orders

  • ['Conditions imposed upon Dr Pembroke’s registration as set out in Annexure A, pursuant to s 163B(4) of the Health Practitioner Regulation National Law (NSW).' 'Medical Council of New South Wales to be review body for these conditions, with authority to remove or vary them as appropriate.' 'Dr Pembroke to pay the...