In Re Dr Jonathan Bentley and the Medical Practice Act 1992 [2005] NSWMT 10

In Re Dr Jonathan Bentley and the Medical Practice Act 1992 [2005] NSWMT 10

Order 2 no longer had any utility because the applicant had complied with psychiatric treatment and assessment requirements, the Medical Board had treated the requirement as spent since 1997, and the psychiatric material did not suggest any current need for treatment; the Tribunal proceeded on the assumption that it had power to revoke it and declared it no longer appropriate. The remaining intravenous sedation and chaperone conditions were no longer appropriate because, having regard to public protection, the applicant had complied with them for many years, had practised without relevant complaint, had undertaken further education and professional work, and had given undertakings to the...

Jurisdiction
Australia
Judgment Date
26 May 2005
Procedural Posture
Application for Relief Under Section 92 of the Medical Practice Act 1992 / Review of a Psychiatric Treatment Order and Remaining Conditions on Registration Imposed by the Medical Tribunal on 21 June 1996
Outcome
Application granted; order 2 revoked; all remaining conditions deleted; no order as to costs.
Legal Topics
['review of Disciplinary Orders' 'conditions on Medical Registration' 'psychiatric Treatment Order' 'protection of the Public' 'professional Misconduct' 'unsatisfactory Professional Conduct' 'costs']
['health Law' 'medical Disciplinary Law' 'administrative Law'] ['review of Disciplinary Orders' 'conditions on Medical Registration' 'psychiatric Treatment Order' 'protection of the Public' 'professional Misconduct' 'unsatisfactory Professional Conduct' 'costs']

Case Brief

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Procedural Posture

Application for Relief Under Section 92 of the Medical Practice Act 1992 / Review of a Psychiatric Treatment Order and Remaining Conditions on Registration Imposed by the Medical Tribunal on 21 June 1996

Legal Issues

  1. 1 ['Whether order 2 made on 21 June 1996 requiring psychiatric treatment was still appropriate and could be revoked on review.' 'Whether the remaining condition restricting use of intravenous sedation was still appropriate.' 'Whether the remaining chaperone condition for examinations of female patients was still appropriate.' 'Whether any costs order should be made.']

Ratio Decidendi

Order 2 no longer had any utility because the applicant had complied with psychiatric treatment and assessment requirements, the Medical Board had treated the requirement as spent since 1997, and the psychiatric material did not suggest any current need for treatment; the Tribunal proceeded on the assumption that it had power to revoke it and declared it no longer appropriate. The remaining intravenous sedation and chaperone conditions were no longer appropriate because, having regard to public protection, the applicant had complied with them for many years, had practised without relevant complaint, had undertaken further education and professional work, and had given undertakings to the...

Court Disposition

Application granted; order 2 revoked; all remaining conditions deleted; no order as to costs.

Orders

  • ['A declaration that order 2 made by the tribunal on 21 June 1996, that is, an order relating to psychiatric treatment, is no longer appropriate.' 'An order revoking that order.' 'An order deleting all remaining conditions to which the practitioner is subject.' 'No order as to the costs of either the applicant or...