Chiropractic Board of Australia v Zaphir

The Chiropractic Board of Australia sought disciplinary proceedings against George Zaphir in the Queensland Civil and Administrative Tribunal, alleging that he had engaged in unsatisfactory professional conduct as a chiropractor. This arose from his conviction of offences under the Health (Drugs and Poisons) Regulation 1996 (Qld) and the Medical Practitioners Regulation Act 2001 (Qld). The Board sought a cancellation of Mr Zaphir's registration, conditions on any future registration application, and costs from Mr Zaphir. Mr Zaphir argued that he should not be subject to the Disciplinary Proceedings Act 1999 (Qld) because he was not registered at the time of the conduct, and that the Tribunal should not hear the matter under the Health Practitioner Regulation National Law (Queensland). The Tribunal needed to decide whether it had jurisdiction to hear the referral and whether the Board had established grounds for disciplinary action.

The Tribunal found that it had jurisdiction to hear the matter under both the Disciplinary Proceedings Act and the National Law. It was not necessary to decide which law was applicable because the Board had established grounds for disciplinary action under both. The Tribunal considered the Board's case that Mr Zaphir's conduct was professional misconduct. However, it found that the appropriate finding was that Mr Zaphir's conduct constituted unsatisfactory professional conduct. The Tribunal ordered that Mr Zaphir's registration be cancelled for two years, and that he be prohibited from applying for registration for 12 months. The Tribunal also ordered that Mr Zaphir pay the costs of the proceeding.

The Tribunal made orders that a ground for disciplinary action has been established against Mr Zaphir. It found that Mr Zaphir had behaved in a way that constitutes unprofessional conduct. The Tribunal found that had Mr Zaphir remained registered, the Tribunal would have ordered that his registration be cancelled for a period of two years. Mr Zaphir is not permitted to reapply for registration for a period of 12 months from 26 May 2014. Mr Zaphir must pay the costs of the Chiropractic Board of Australia of and incidental to the proceeding in a sum to be agreed or assessed on the District Court scale. The Tribunal also prohibited the publication of the contents of any document or any evidence given in this proceeding which would identify any of the patients.