MEDICAL BOARD OF AUSTRALIA and BHAMJEE [2019] VR 6

STATE ADMINISTRATIVE TRIBUNAL
[2019] VR 6
27/03/2019
Health Practitioner Regulation National Law (WA) Act 2010 - Schedule s193(1)(a)(i)Referral
VR 6/2019
27 MARCH 2019
MS P LE MIERE, MEMBER
27/03/2019
Perth
MEDICAL BOARD OF AUSTRALIA
YUSUF BHAMJEE

 

On the application of the parties to settle the proceedings:

 

The Tribunal notes:

 

The Medical Board of Australia (Applicant) alleged that there is proper cause for disciplinary action against Dr Yusuf Bhamjee (Respondent) pursuant to s 196 of the Health Practitioner Regulation National Law (National Law) because the Respondent has behaved in a way that constitutes professional misconduct as defined in s5 of the National Law.

 

The Respondent has admitted that he has behaved in a way that constitutes professional misconduct contrary to the National Law and the parties have agreed the terms upon which the proceedings could be settled pursuant to s54(8) of the State Administrative Tribunal Act 2004 (WA).

 

By written agreement between the parties dated 27 March 2019 the parties agreed the terms upon which the proceedings could be settled.

 

The Parties have agreed the relevant facts set out in Schedule 'A'.

 

THE TRIBUNAL ORDERS:

 

Being satisfied by reason of the Respondent's admissions that proper cause exists for disciplinary action against the Respondent, and in order to give effect to the agreed terms of settlement of the proceeding, on 27 March 2019 it is ordered, pursuant to s54(8) of the State Administrative Tribunal Act 2004 (WA) that:

 

1.     The Respondent has behaved in a way that constitutes professional misconduct in terms of s196(1)(b)(iii) of the National Law, in that during the period 6 November 2017 to 19 March 2018, the Respondent practised as a medical practitioner without appropriate professional indemnity insurance(PII) arrangements in place:

 

(a)     in contravention of s129(1) of the National Law;

 

(b)     in breach of the Applicant's Professional Indemnity Insurance Registration Standard; and

 

(c)     in breach of section 8.5 of Good Medical Practice: A Code of Conduct for Doctors in Australia (17 March 2014);

 

2.     Pursuant to s196(2)(a) of the National Law, the Respondent is reprimanded;

 

3.     Pursuant to s196(2)(b)(i) of the National Law, the following conditions be imposed on the Respondent's registration:

 

Undertake education

 

(a)     The Respondent  must undertake and successfully complete a program of education, approved by the Western Australia Board of the Medical Board of Australia (WA Board) in relation to:

 

                  i.     ethical practice; and

 

                  ii.     professional obligations as a medical practitioner (Topics).

 

(b)     Within three months of the notice of the imposition of these conditions, the Respondent must, on the approved form (HPN24), nominate for approval by the WA Board an education course, assessment or program (the education) addressing the Topics required. The Respondent must ensure:

 

                  i.     the nomination includes a copy of the curriculum of the education.

 

                  ii.     the education for each of the Topics consists of a minimum of 3 hours.

 

(c)     The Respondent must complete the education within three months of the notice of the WA Board's approval of the education.

 

(d)     Within one month of the completion of the education, the Respondent is to provide evidence of successful completion of the education.

 

(e)     Within 21 days notice of the imposition of these conditions the Respondent must provide to AHPRA, on the approved form (HPC), the contact details of a senior person, such as the Senior Manager, Senior Partner, Proprietor, Owner, or equivalent (the senior person) at each and every current place of practice. In providing this form, the Respondent acknowledges that:

 

                  i.     AHPRA will contact the senior person and provide them with a copy of the conditions on the Respondent's registration or confirm that the senior person has received a copy of the conditions from the Respondent; and

 

                ii.     the Respondent will be required to provide the same form:

 

                      A.     within 7 days of the commencement of practice at each and every subsequent place of practice; and

 

                      B.     within 7 days of each and every notice of any subsequent alteration of these conditions.

 

(f)     All costs associated with compliance with the conditions on their registration are at the Respondent's own expense.

 

4.     Pursuant to s196(3) of the National Law, the review period for the above conditions is six months from the date of imposition of the conditions, or upon satisfaction of condition c, whichever occurs first;

 

5.     Pursuant to s196(2)(c) of the National Law, the respondent pay a fine in the sum of $2000 to the applicant; and

 

6.     The Respondent is to pay a contribution towards the Applicant's costs of the Tribunal application, fixed in the sum of $1,500.

 

7.     The mediation listed at 9am on 29 March 2019 is vacated.

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