Health Care Complaints Commission v Dr Perroux (No. 2) [2011] NSWMT 15

Health Care Complaints Commission v Dr Perroux (No. 2) [2011] NSWMT 15

The Tribunal was satisfied that Ms Perroux knew the outcome proceedings were listed, knew the findings made on 16 August 2011, and had decided not to attend. Given the seriousness of the unprofessional conduct and the circumstances in the substantive judgment, a reprimand and specified conditions on any future registration were appropriate. The proposed medical ethics condition was declined by majority because the complaint concerned failure to obtain insurance and there was no material showing the course would address that matter. Costs were ordered in favour of the complainant according to ordinary practice.

Jurisdiction
Australia
Judgment Date
09 December 2011
Procedural Posture
Professional Disciplinary Proceedings Concerning a Medical Practitioner / Consequential Disciplinary Orders and Costs After Finding of Unsatisfactory Professional Conduct, Heard Ex Parte
Outcome
Respondent reprimanded; conditions to be imposed on re-registration; respondent to pay the complainant's costs.
Legal Topics
['procedural Fairness' 'ex Parte Hearing' 'unsatisfactory Professional Conduct' 'reprimand' 'conditions on Re Registration' 'costs']
['health Law' 'professional Discipline' 'administrative Law'] ['procedural Fairness' 'ex Parte Hearing' 'unsatisfactory Professional Conduct' 'reprimand' 'conditions on Re Registration' 'costs']

Case Brief

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Procedural Posture

Professional Disciplinary Proceedings Concerning a Medical Practitioner / Consequential Disciplinary Orders and Costs After Finding of Unsatisfactory Professional Conduct, Heard Ex Parte

Legal Issues

  1. 1 ['Whether Ms Perroux had been given a reasonable opportunity to be heard in relation to disciplinary orders and costs.' 'What disciplinary orders should be made after the finding of unsatisfactory professional conduct.' 'Whether conditions should be imposed if Ms Perroux is re-registered as a medical practitioner.' "Whether the respondent should pay the complainant's costs."]

Ratio Decidendi

The Tribunal was satisfied that Ms Perroux knew the outcome proceedings were listed, knew the findings made on 16 August 2011, and had decided not to attend. Given the seriousness of the unprofessional conduct and the circumstances in the substantive judgment, a reprimand and specified conditions on any future registration were appropriate. The proposed medical ethics condition was declined by majority because the complaint concerned failure to obtain insurance and there was no material showing the course would address that matter. Costs were ordered in favour of the complainant according to ordinary practice.

Court Disposition

Respondent reprimanded; conditions to be imposed on re-registration; respondent to pay the complainant's costs.

Orders

  • ['The Tribunal reprimands Ms Perroux.' 'Pursuant to s 149A(3)(b) of the Act, the Tribunal requires that specified conditions be imposed when the practitioner is registered.' 'Within 6 months of recommencing practice as a medical practitioner, she is to submit to an audit of her medical practice by a person nominated...