MEDICAL BOARD OF AUSTRALIA and STEWART  VR 6
On the application of the parties to settle the proceedings determined by Senior Member Charlotte Wallace:
The Tribunal notes:
The Medical Board of Australia (Applicant) alleged that there is proper cause for disciplinary action against Dr Andrew Stewart (Respondent) pursuant to s196 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).
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 12 July 2018 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 pursuant to s196(1)(b)(iii) of the National Law in that:
(a) during the period 1 July 2015 to 24 July 2016, the Respondent practised as a medical practitioner without appropriate professional indemnity insurance (PII) arrangements in place, in contravention of s129(1) of the National Law;
(b) during the period late May 2016 to 20 July 2016, the Respondent practised as a medical practitioner despite becoming aware in late May 2016 that his PII cover had lapsed and that he did not have appropriate PII arrangements in place;
(c) during the period 21 to 24 July 2016, the Respondent continued to practise as a medical practitioner, despite on 21 July 2016:
(i) being advised by AHPRA that he was not permitted to practise as a medical practitioner in absence of having appropriate PII arrangements in place; and
(ii) advising AHPRA that he was not practising as a medical practitioner;
(d) on 21 July 2016, the Respondent advised AHPRA that he was not practising as a medical practitioner when he knew, or ought to have known, that such information was false and misleading;
(e) the Respondent made declarations that he had appropriate PII arrangements in place when submitting online applications for renewal of his registration as a medical practitioner for the periods 1 October 2015 to 30 September 2016 and 1 October 2016 to 30 September 2017, when he knew, or ought to have known, that such declarations were false;
(f) the Respondent failed, without reasonable excuse, to comply with a notice issued pursuant to s 129(2) of the National Law requiring him to provide details of his PII arrangements in contravention of s129(3) of the National Law; and
(g) the Respondent failed to notify the Applicant that he no longer had appropriate PII arrangements in place within 7 days of becoming aware of the same, in contravention of s130(1) of the National Law.
2. The Respondent is reprimanded pursuant to s196(2)(a) of the National Law.
3. The Respondent's registration as a medical practitioner is suspended for a period of 2 (two) months with effect from 7 days from the date of these orders pursuant to s196(2)(d) of the National Law.
4. The following conditions be imposed on the Respondent's registration upon the suspension being lifted pursuant to s196(2)(b) of the National Law:
1. The Practitioner 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 ethical practice and professional obligations as a medical practitioner.
2. Within 3 months of the notice of the imposition of these conditions, the Practitioner 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 Practitioner must ensure:
a. the nomination includes a copy of the curriculum of the education; and
b. the education consists of a minimum of 4 hours.
3. The Practitioner must complete the education within 6 months of the notice of the WA Board's approval of the education.
4. Within 1 month of the completion of the education, the Practitioner is to provide evidence of successful completion of the education.
5. Within 21 days notice of the imposition of these conditions the Practitioner 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 Practitioner acknowledges that:
a. AHPRA will contact the senior person and provide them with a copy of the conditions on the Practitioner's registration or confirm that the senior person has received a copy of the conditions from the Practitioner; and
b. the Practitioner will be required to provide the same form:
(i) within 7 days of the commencement of practice at each and every subsequent place of practice, and
(ii) within 7 days of each and every notice of any subsequent alteration of these conditions.
6. All costs associated with compliance with the conditions on their registration are at the Practitioner's own expense.
5. The review period for the above conditions is 3 (three) months from the date of imposition of the conditions on the Respondent's registration.
6. The Respondent pay a contribution to the Applicant's costs of the Tribunal application fixed in the amount of $2,000.