In Re Mr John Bannister - [2007] NSWMT 13

New South Wales

Medical Tribunal

CITATION: In Re Mr John Bannister [2007] NSWMT 13

TRIBUNAL: Medical Tribunal

PARTIES: Mr John Bannister
NSW Medical Board

FILE NUMBER(S): 40009 of 2007

CORAM: Rein, SC DCJ - Glover, Prof W - - Glass, Assoc Prof A

CATCHWORDS: Application to be restored to the register of medical practitioners following deregistration for fraud in 1992 (fourth such application since deregistration) - Whether practitioner has overcome defect in character that led to deregistration - Whether otherwise appropriate for practitioner to be restored to the register - Application for re-registration (by majority) refused

LEGISLATION CITED: Medical Practice Act 1992 (NSW)

CASES CITED: Bannister v Walton (1993) 30NSWLR 699 ;
Bannister v Walton (unreported, Court of Appeal, 1 April 1996);
Zaidi [2006] NSWMT 6;
Zaidi [1996] NSWMT;
Zaidi v Health Care Complaints Commission [1998] NSWSC 335 (17 July 1998);
Briginshaw v Briginshaw (1938) 60 CLR;
Refjik v McElroy (1965) 112 CLR 517 336;
Ex parte Tziniolis Re The Medical Practitioners' Act (1966) 67 SR (NSW) 448;
Dawson v Law Society of NSW NSWCA 21 December 1989

DATES OF HEARING: 26, 27 November 2007

DATE OF JUDGMENT: 19 December 2007

LEGAL REPRESENTATIVES: Mr Williams Q.C. (Mr Bannister)
Mr Ginters (Medical Board)

ORDERS: 1. Mr Bannister's application for re-registration is dismissed (by majority).; 2. Mr Bannister is to pay the costs of the NSW Medical Board of these proceedings.

JUDGMENT:

JUDGMENT

ORDERS

The Tribunal orders:

1. Mr Bannister’s application for re-registration is dismissed.

2. Mr Bannister is to pay the costs of the NSW Medical Board of these proceedings.

1 This is an application by John Herbert Bannister pursuant to s.92 of the Medical Practice Act 1992 (“the Act”) that the Tribunal review an order made by the Tribunal on 28 April 1992 that he be removed from the register of medical practitioners. Mr J. Williams Q.C. appeared for Mr Bannister. Mr Ginters of Counsel appeared for the NSW Medical Board (“the Board”).

2 The 1992 Tribunal in making the order for deregistration was satisfied:

1 That Dr Bannister (as he then was) demonstrated a lack of adequate skill, judgment and care in the practice of medicine in that he failed to administer prophylactic antibiotics pre and or peri-operatively, failed to appreciate that the patient had a deep wound infection or that a superficial wound could and probably would develop into a deep wound infection, failed to prescribe an appropriate form of treatment and went overseas without first delegating her care to an orthopaedic surgeon, and had inadequate notes of treatment and that as a result of these matters his conduct was professional misconduct, although of itself this conduct would not, the 1992 Tribunal indicated, have led to deregistration

2 That Dr Bannister had deliberately set up a billing system containing a large number of defects of which he well knew. Dr Bannister charged for attendance in his own name when he knew he had not attended and, in respect of those days, in respect of which he claims…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading In Re Mr John Bannister

Details

AGLC: In Re Mr John Bannister [2007] NSWMT 13
Case: [2007] NSWMT 13
Decision Date: 19 December 2007

CaseChat Overview and Summary

The application in the matter of Mr John Bannister concerned his attempt to be restored to the register of medical practitioners following his deregistration for fraud in 1992. This was the fourth such application since his initial deregistration. The dispute came before the court, where the primary issue was whether Mr Bannister had overcome the defect in character that led to his deregistration and whether it was otherwise appropriate for him to be restored to the register. The court was tasked with evaluating the evidence presented regarding Mr Bannister's character and suitability for re-registration, as well as considering the impact of his past conduct on the medical profession and public trust.

The court considered various factors in its decision, including Mr Bannister's history of dishonesty and fraudulent behaviour, his lack of insight into the gravity of his past actions, and the potential risk he posed to the public if restored to the register. The majority of the court found that Mr Bannister had not demonstrated sufficient rehabilitation or change in character to warrant his restoration to the register. They emphasised the importance of maintaining high standards within the medical profession and protecting public trust in healthcare providers.

Ultimately, the court ruled that Mr Bannister's application for re-registration should be dismissed. The majority decision was based on the conclusion that Mr Bannister had not overcome the defect in character that led to his deregistration and that it was not appropriate for him to be restored to the register at that time. As a result, the court ordered that Mr Bannister's application for re-registration be dismissed and that he pay the costs of the proceedings to the NSW Medical Board.

Orders

Orders of the court

1. Mr Bannister's application for re-registration is dismissed (by majority).; 2. Mr Bannister is to pay the costs of the NSW Medical Board of these proceedings.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	In Re Mr John Bannister [2007] NSWMT 13
TRIBUNAL:	Medical Tribunal
PARTIES:	Mr John Bannister NSW Medical Board
FILE NUMBER(S):	40009 of 2007
CORAM:	Rein, SC DCJ - Glover, Prof W - - Glass, Assoc Prof A
CATCHWORDS:	Application to be restored to the register of medical practitioners following deregistration for fraud in 1992 (fourth such application since deregistration) - Whether practitioner has overcome defect in character that led to deregistration - Whether otherwise appropriate for practitioner to be restored to the register - Application for re-registration (by majority) refused
LEGISLATION CITED:	Medical Practice Act 1992 (NSW)
CASES CITED:	Bannister v Walton (1993) 30NSWLR 699 ; Bannister v Walton (unreported, Court of Appeal, 1 April 1996); Zaidi [2006] NSWMT 6; Zaidi [1996] NSWMT; Zaidi v Health Care Complaints Commission [1998] NSWSC 335 (17 July 1998); Briginshaw v Briginshaw (1938) 60 CLR; Refjik v McElroy (1965) 112 CLR 517 336; Ex parte Tziniolis Re The Medical Practitioners' Act (1966) 67 SR (NSW) 448; Dawson v Law Society of NSW NSWCA 21 December 1989
DATES OF HEARING:	26, 27 November 2007
DATE OF JUDGMENT:	19 December 2007
LEGAL REPRESENTATIVES:	Mr Williams Q.C. (Mr Bannister) Mr Ginters (Medical Board)
ORDERS:	1. Mr Bannister's application for re-registration is dismissed (by majority).; 2. Mr Bannister is to pay the costs of the NSW Medical Board of these proceedings.