Health Professional censured after false declarations relating to driving offences...

The Health Practitioners Disciplinary Tribunal has recently censured a health professional and imposed conditions on her practice after she lied on two of her annual practising certificate applications.

The health professional was convicted of drink driving in October 2016. She was disqualified from driving for seven months and ordered to pay a fine of $540.

The following March, the health professional applied for her annual practising certificate. She declared on the application that she did not have any convictions recorded against her name in the last 12 months, despite the drink driving offence.

In February 2020, the health professional was also charged with refusing to permit a blood specimen to be taken. The health professional notified the Medical Sciences Council of this charge in July 2020.

The health professional was convicted of the charged in November 2020 and ordered to complete 80 hours of community work and disqualified from driving for 28 days. When the health professional applied for her annual practising license the following March, she again lied about having any convictions against her name.

The Tribunal was referred the complaint after the Council received a Convictions History Report, detailing the health professional’s 2016 and 2020 convictions. The Tribunal had to determine whether the health professional’s conduct amounted to professional misconduct.

The Tribunal considered the fact that the health professional had been intentionally dishonest in two of her annual practising certificate applications, knowing that the Council required the information to determine whether she was a fit and proper person to practise medicine.

The health professional accepted that the Council could reasonably have expected to receive this information from her.

The Tribunal decided that the conduct was likely to “bring discredit to the practitioner’s profession and reflects adversely on the practitioner’s fitness to practise”, and the dishonest conduct amounted to professional misconduct warranting a disciplinary process.

The Tribunal censured the health professional and required her to comply with the Council in relation to drug, alcohol, and mental health support. The health professional was ordered to pay over $5,300 in costs.

It is important to be aware of your professional obligations as a medical practitioner. If you are confused about these obligations, it pays to seek advice from a professional with experience in the area. 

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Alan Knowsley and Hunter Flanagan-Connors