A snapshot of registered health practitioner misconduct in Victoria: October 2023

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By Stuart Eustice, Partner, and Holly White, Associate

Medical Board of Australia v Brown [2023] VCAT 1075 (15 September 2023, updated 20 September 2023)

A retired psychiatrist was reprimanded, disqualified from applying for re-registration for 18 months and prohibited from providing any health service unless he is registered after the Tribunal found he engaged in professional misconduct. The psychiatrist had transgressed professional boundaries with three female patients by making sexualised comments and conduct, he provided poor patient care and failed to keep adequate records. The psychiatrist had surrendered his registration when the Board commenced its investigation.

Medical Board of Australia v Shetty [2023] VCAT 1082 (21 September 2023, updated 4 October 2023)

A retired GP was reprimanded and had his registration cancelled after the Tribunal found he had engaged in professional misconduct. The GP was subject of complaints to the Board from two patients and the Board immediately suspended the GP’s registration. He subsequently retired. The GP had failed to obtain information consent prior to conducting an anal examination and failed to provide appropriate treatment to a patient reporting backpain, who was subsequently diagnosed by another doctor as suffering stage 4 cancer.

Nursing & Midwifery Board of Australia v Pearse [2023] VCAT 1153 (11 October 2023)

A nurse was reprimanded and had conditions imposed on her registration requiring completion of education and performance assessments prior to returning to practice and requiring three months indirect supervision, 12 months mentoring, prohibition from working in certain positions for 12 months and additional continuing professional development after return to practice after the Tribunal found she had engaged in professional misconduct. The Tribunal found the nurse had failed to practice in a safe and competent manner by failing to undertake certain observations of a patient and creating inaccurate and misleading documentation regarding the observations.

Medical Board of Australia v XXL [2023] VCAT 1168 (19 October 2023)

A medical practitioner was reprimanded and had conditions imposed on his registration after the Tribunal found he had engaged in professional misconduct by engaging in ‘up-skirting’ at a shopping centre. The medical practitioner had also provided false and misleading information to the Board in its investigation. The medical practitioner’s identity will be protected for 10 years due to a risk of self-harm. The medical practitioner is required to undertake mental health treatment for a minimum of 12 months and mentoring for a minimum of once per month for six months.

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