RE THE MEDICAL PRACTICE ACT 1992 AND DR ROBERT L. ANDERSON [2003] NSWMT 1

RE THE MEDICAL PRACTICE ACT 1992 AND DR ROBERT L. ANDERSON [2003] NSWMT 1

The practitioner breached conditions of his registration by failing to report as required and failing to participate fully and timely in MOPS, and those breaches amounted to unsatisfactory professional conduct of a very serious nature. However, taking into account the protective purpose of the jurisdiction, the practitioner's undertaking, proposed oversight by Dr Chiew, and professional references as to his capacity, the Tribunal was not persuaded that a finding of professional misconduct should be made.

Jurisdiction
Australia
Judgment Date
04 June 2003
Procedural Posture
Complaint Concerning Professional Conduct Under the Medical Practice Act 1992 / Determination by the Medical Tribunal of NSW
Outcome
The Tribunal found unsatisfactory professional conduct of a very serious nature, declined to find professional misconduct, severely reprimanded the practitioner, imposed a fine, confirmed and varied conditions of registration, and ordered costs.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'conditions of Medical Registration' 'continuing Medical Education' 'maintenance of Professional Standards']
['health Law' 'professional Discipline' 'medical Regulation'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'conditions of Medical Registration' 'continuing Medical Education' 'maintenance of Professional Standards']

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Procedural Posture

Complaint Concerning Professional Conduct Under the Medical Practice Act 1992 / Determination by the Medical Tribunal of NSW

Legal Issues

  1. 1 ['Whether the practitioner failed to comply with conditions of registration requiring annual reporting to the New South Wales Medical Board and participation in the Maintenance of Professional Standards programme conducted by the Australian and New Zealand College of Anaesthetists.' "Whether the practitioner's conduct amounted to unsatisfactory professional conduct or professional misconduct under ss 36 and 37 of the Medical Practice Act 1992." "What protective orders should be made in response to the practitioner's breaches of registration conditions."]

Ratio Decidendi

The practitioner breached conditions of his registration by failing to report as required and failing to participate fully and timely in MOPS, and those breaches amounted to unsatisfactory professional conduct of a very serious nature. However, taking into account the protective purpose of the jurisdiction, the practitioner's undertaking, proposed oversight by Dr Chiew, and professional references as to his capacity, the Tribunal was not persuaded that a finding of professional misconduct should be made.

Court Disposition

The Tribunal found unsatisfactory professional conduct of a very serious nature, declined to find professional misconduct, severely reprimanded the practitioner, imposed a fine, confirmed and varied conditions of registration, and ordered costs.

Orders

  • ['The practitioner is severely reprimanded.' 'The practitioner is fined the sum of $7,500.' 'The conditions of registration imposed upon the practitioner on 27 September 1999 are confirmed and varied by adding further conditions requiring annual submission to the New South Wales Medical Board of an outline of the...