In Re Dr Federico John FACCHINI

[2006] NSWMT 8

New South Wales

Medical Tribunal

CITATION:	In Re Dr Federico John FACCHINI [2006] NSWMT 8
TRIBUNAL:	Medical Tribunal
PARTIES:	Health Care Complaints Commission Dr Federico John FACCHINI (Respondent)
FILE NUMBER(S):	40013 of 2005
CORAM:	Walmsley, SC DCJ - Toh, Dr S - Child, Dr D - Gleeson, Dr M
CATCHWORDS:	Doctor's name removed from Register at own request - Complaint withdrawn - Undertaking not to re-enter practice
LEGISLATION CITED:	Medical Practice Act 1992
CASES CITED:
DATES OF HEARING:	3 April 2006
DATE OF JUDGMENT:	3 April 2006
LEGAL REPRESENTATIVES:	Ms S Brewer (Applicant) Mr M Galanos (Respondent)
ORDERS:

JUDGMENT:

DEPUTY CHAIRPERSON:

1 In the proceedings which are numbered 40013/05 the New South Wales Health Care Complaints Commission (the Commission) took proceedings by complaint under the Medical Practice Act 1992 (the Act) against Dr Facchini (the respondent). The complaint came on for hearing before a differently constituted Tribunal on 14 November 2005. The case proceeded for a short while and was then adjourned.

2 The complaint was amended the following day and a copy of the amended complaint was filed on 18 November 2005. The amended complaint was then set down for hearing today before the Tribunal as currently constituted. By letter dated 17th February 2006 the respondent gave notice to the New South Wales Medical Board that he wished his name to be removed from the register maintained by that board.

3 In accordance with that wish and the provisions of s 27 of the Act, his name was removed from the register effective from 1 March 2006. By letter of 23 February 2006, the New South Wales Medical Board wrote to him informing him that that was proposed. The position then is that he is no longer on the register. No doubt by reason of concerns on the part of the Commission, a statutory declaration was made on 3 April 2006 by the respondent. In that statutory declaration he said that he will not practice medicine in the future in New South Wales, in any other jurisdiction in Australia or in any other country. He annexed to that declaration a copy of his letter to the board notifying it that he wishes his name to be removed from the list and the board’s reply of 23 February informing him that his wish was being complied with.

4 Finally, in the statutory declaration he said that he would not attempt to obtain registration as a medical practitioner in the future in any other jurisdiction in Australia or any other country. Today he appears by his solicitor Mr Galanos. It has been agreed by his solicitor and the solicitor for the Commission as to what orders will be made by the Tribunal, provided the Tribunal is of a mind to make them. Under Sch 2 of the Act there is set out a number of sections which deal with proceedings before a committee or the Tribunal and in particular cl 12 provides that certain complaints may not be heard. In particular 12 (1)(c) it provides that a committee or the Tribunal may decide not to conduct an enquiry or at any time terminate an enquiry or appeal if, among other things, the complaint before the committee or the Tribunal is withdrawn. In this case, the complaint before the Tribunal is withdrawn. So the Tribunal is of the view that we ought not proceed with the matter.

5 I now refer to the document called ‘consent orders’. I will initial and date it today and place it on the Court file, as I will a copy of the statutory declaration. The Tribunal notes that the complaint is withdrawn. The Tribunal notes the respondent has removed his name from the Register of Medical Practitioners and has given an undertaking that he will not seek registration as a medical practitioner in New South Wales or any other jurisdiction in Australia or overseas. The Tribunal makes no order as to costs.

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