In re Dr John Shashati [2006] NSWMT 2

In re Dr John Shashati [2006] NSWMT 2

The practitioner's conduct in persistently misusing Schedule 8 and other drugs, breaching registration conditions, making false statements to regulatory bodies, and demonstrating sustained dishonesty and lack of insight into his actions constituted professional misconduct and lack of good character. The Tribunal found all three complaints established and ordered removal from the register, a three-year bar on re-registration, and costs.

Jurisdiction
Australia
Judgment Date
22 September 2006
Procedural Posture
Disciplinary Proceeding / Final Determination and Orders
Outcome
practitioner found guilty of professional misconduct; registration removed; bar on re-registration; costs ordered
Legal Topics
['medical Practitioner Misconduct' 'fitness to Practise' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'breach of Registration Conditions' 'character Assessment']
['health Law' 'professional Discipline'] ['medical Practitioner Misconduct' 'fitness to Practise' 'unsatisfactory Professional Conduct' 'professional Misconduct' 'breach of Registration Conditions' 'character Assessment']

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Procedural Posture

Disciplinary Proceeding / Final Determination and Orders

Legal Issues

  1. 1 ['Whether the practitioner was guilty of unsatisfactory professional conduct and/or professional misconduct under sections 36 and 37 of the Medical Practice Act 1992 (NSW)' 'Whether the practitioner contravened a condition of registration prohibiting self-medication' 'Whether the practitioner is of good character in the context of fitness to practise medicine']

Ratio Decidendi

The practitioner's conduct in persistently misusing Schedule 8 and other drugs, breaching registration conditions, making false statements to regulatory bodies, and demonstrating sustained dishonesty and lack of insight into his actions constituted professional misconduct and lack of good character. The Tribunal found all three complaints established and ordered removal from the register, a three-year bar on re-registration, and costs.

Court Disposition

practitioner found guilty of professional misconduct; registration removed; bar on re-registration; costs ordered

Orders

  • ['Non Publication Order in respect of names of patients and people referred to in the proceedings' "Practitioner's name be forthwith removed from the Register of Medical Practitioners" 'Practitioner be not permitted to apply to be re-registered for a period of three years from today' 'Any application by the...