NSW Medical Board v Dinakar [2009] NSWMT 8

NSW Medical Board v Dinakar [2009] NSWMT 8

The Respondent had persistently failed over many years to comply with professional obligations, practised without approved professional indemnity insurance, failed to comply with Tribunal orders and Board information requirements, and compounded that conduct by dishonesty in dealings with the regulatory authorities. Despite mitigating material, the Tribunal was comfortably satisfied that he was guilty of professional misconduct, was not currently fit to practise medicine, and that deregistration was required to protect the public, maintain confidence in the profession, and deter similar conduct. As the Complainant was successful and no sufficient basis to depart from the usual rule was...

Jurisdiction
Australia
Judgment Date
23 June 2009
Procedural Posture
Medical Disciplinary Proceedings Under the Medical Practice Act 1992 (nsw) by Referral and Complaint Alleging Professional Misconduct And/or Unsatisfactory Professional Conduct / Final Decision and Orders of the Medical Tribunal
Outcome
The Respondent was found guilty of professional misconduct, held not currently fit to practise medicine, and de-registered with a restriction on applying for re-registration; costs were awarded to the Complainant.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'professional Indemnity Insurance' 'failure to Comply With Medical Tribunal Orders' 'failure to Provide Information to the Medical Board' 'deregistration' 'costs on the Ordinary Basis']
['medical Disciplinary Law' 'professional Regulation' 'costs'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'professional Indemnity Insurance' 'failure to Comply With Medical Tribunal Orders' 'failure to Provide Information to the Medical Board' 'deregistration' 'costs on the Ordinary Basis']

Case Brief

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Procedural Posture

Medical Disciplinary Proceedings Under the Medical Practice Act 1992 (nsw) by Referral and Complaint Alleging Professional Misconduct And/or Unsatisfactory Professional Conduct / Final Decision and Orders of the Medical Tribunal

Legal Issues

  1. 1 ["Whether the Respondent's admitted conduct amounted to professional misconduct justifying suspension or removal of his name from the Register of Medical Practitioners." 'Whether the Respondent was currently fit to practise medicine in light of practising without approved professional indemnity insurance, non-compliance with Tribunal orders, failure to provide required information, and dishonesty in dealings with the Medical Board.' "Whether the Respondent should pay the Complainant's costs despite his asserted impecuniosity."]

Ratio Decidendi

The Respondent had persistently failed over many years to comply with professional obligations, practised without approved professional indemnity insurance, failed to comply with Tribunal orders and Board information requirements, and compounded that conduct by dishonesty in dealings with the regulatory authorities. Despite mitigating material, the Tribunal was comfortably satisfied that he was guilty of professional misconduct, was not currently fit to practise medicine, and that deregistration was required to protect the public, maintain confidence in the profession, and deter similar conduct. As the Complainant was successful and no sufficient basis to depart from the usual rule was...

Court Disposition

The Respondent was found guilty of professional misconduct, held not currently fit to practise medicine, and de-registered with a restriction on applying for re-registration; costs were awarded to the Complainant.

Orders

  • ["The Respondent's name is removed from the Register of Medical Practitioners." 'The Respondent is precluded from applying for re-registration until 6 months have passed following his provision of documentary evidence to the Medical Board indicating that he has successfully completed the required Monash courses in...