In Re Dr Anthony MICHAEL [2004] NSWMT 12

In Re Dr Anthony MICHAEL [2004] NSWMT 12

The Tribunal found all complaints proved and determined that Dr Michael engaged in professional misconduct through repeated breaches of practice conditions, self-administration and fraudulent procurement of drugs, and impairment by addiction, justifying removal from the Register and imposing a two-year prohibition on reapplication.

Parties
Applicant: Health Care Complaints Commission; Respondent: Dr Anthony Michael
Jurisdiction
Australia
Judgment Date
23 September 2004
Procedural Posture
Professional Misconduct / Final Judgment
Outcome
Dr Michael found guilty of professional misconduct; removed from Register; two-year period imposed before reapplication; ordered to pay costs.
Legal Topics
Professional Misconduct, Deregistration, Drug Impairment, Breach of Practice Conditions
Medical Regulation Administrative Law Professional Misconduct Deregistration Drug Impairment Breach of Practice Conditions

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Parties

Health Care Complaints Commission

Applicant

Dr Anthony Michael

Respondent

Procedural Posture

Professional Misconduct / Final Judgment

Legal Issues

  1. 1 Whether Dr Anthony Michael engaged in professional misconduct under the Medical Practice Act 1992 (NSW)
  2. 2 Whether the respondent suffers impairment affecting his capacity to practise medicine
  3. 3 Appropriate period before reapplication for registration

Ratio Decidendi

The Tribunal found all complaints proved and determined that Dr Michael engaged in professional misconduct through repeated breaches of practice conditions, self-administration and fraudulent procurement of drugs, and impairment by addiction, justifying removal from the Register and imposing a two-year prohibition on reapplication.

Court Disposition

Dr Michael found guilty of professional misconduct; removed from Register; two-year period imposed before reapplication; ordered to pay costs.

Orders

  • The name of Anthony Michael be removed from the Register of Medical Practitioners.
  • Pursuant to section 64(3) of the Medical Practice Act 1992, no application for review of this order may be made for a period of two years from this date.