Insights Categories: Disciplinary

Mar 21, 2019

INSIGHT: New powers used by Health Complaints Commissioner to stop unregistered service providers making false claims

The Victorian Health Complaints Commissioner (the Commissioner) can now issue general health warnings and ban unregistered service providers from treating patients, even before a complaint investigation is completed, if the Commissioner believes a health provider poses a serious danger to the public.  A breach of the new General Code of Conduct[1] (the Code) for providers […]

Dec 6, 2018

INSIGHT: Statutory privilege does not prevent disclosure of records in VCAT proceedings

The Victorian of Court Appeal has settled the uncertainty regarding the protections provided by statutory privilege over medical records in the Victorian Civil and Administrative Tribunal (VCAT). The Victorian Court of Appeal has reversed a previous decision and confirmed that patients’ medical records are not protected by statutory privilege in a disciplinary hearing of the […]

Sep 27, 2018

INSIGHT: Professional Misconduct – fact or fiction?

A Perth Cardiologist has recently been found to have engaged in professional misconduct by the Western Australian Administrative Tribunal. [1] The Medical Board of Australia (the Board) made out five of six allegations against Dr Woollard. Key Takeaways The case provides a reminder of the meaning of unsatisfactory professional conduct and professional misconduct under the […]

Aug 23, 2017

INSIGHT: A reminder for pharmacists: exercise caution when dispensing Schedule 3 Poisons

The case scenario: A complaint was made to the Pharmacy Board of Australia (‘Board’) that a pharmacist provided an excessive quantity of Restavit, a Schedule 3 poison, and for a duration for which there was no established therapeutic need. The pharmacist explained to the Board that he had supplied the drug as he believed it was […]

Mar 1, 2017

INSIGHT: A reminder to ensure the dental justification for treatment plan is clearly recorded

In this case, the Dental Board of Australia conducted an investigation after a patient notified the Australian Health Practitioner Regulation Agency (AHPRA), alleging over-diagnosis by a dental practitioner. The key facts: A patient presented in 2015 for extraction of a heavily filled tooth which was now fractured and un-restorable. The tooth was extracted simply and without […]

Mar 10, 2016

INSIGHT: Online pharmacy retailer pays $32,400 for misleading product pricing

Late last year, the Australian Competition and Consumer Commission (ACCC) issued three infringement notices to an online pharmacy retailer totalling $32,400 for representing to consumers that there were savings on recommended retail prices. Facts The retailer represented that, by purchasing a range of white label products online through the retailer’s website, consumers would save a […]

Sep 23, 2015

INSIGHT: A reminder of what is notifiable conduct, and the consequences of failing to notify

On 4 February 2015 the ACT Civil & Administrative Tribunal found a medical practitioner had breached section 141 of the Health Practitioner Regulation National Law (ACT) by failing to notify the Medical Board of Australia of Notifiable Conduct of another practitioner. The following facts were agreed: Dr A, a medical practitioner, owned a clinic and […]

Apr 8, 2014

INSIGHT: Pharmacy alert: maintaining script certifications

Pharmacists in Victoria are governed by a number of different pieces of legislation and associated regulations. This article warns pharmacists not to overlook their obligations under section 32(4)(c) of the Pharmacy Regulation Act 2010 (Vic). Section 32 of the Act relates to a pharmacist’s obligation to keep accurate records of dispensed prescriptions (and details the […]