Medical Board of Australia v de Silva

The Medical Board of Australia took disciplinary action against a medical practitioner, de Silva, over allegations of unsatisfactory professional conduct. The dispute arose from the postoperative care and treatment provided to a patient, which the respondent admitted to. The Board sought a formal caution, an approved undertaking, and sought to avoid recording the disciplinary action on their register. The case was heard and determined by a relevant tribunal.

The tribunal was tasked with determining whether the agreed sanction was appropriate and whether the disciplinary action should be recorded on the Board’s register. The tribunal examined the agreed facts and the joint proposal on sanction submitted by the parties. The respondent had admitted to the unsatisfactory professional conduct and the tribunal considered this in light of the joint proposal for a caution and an approved undertaking.

The tribunal found that the sanction of a formal caution, along with the approved undertaking, was appropriate given the admitted conduct. The tribunal also decided that the disciplinary action should not be recorded on the Board’s register, as both parties had agreed that this was the appropriate outcome. The tribunal concluded that the sanction and the decision regarding the register were suitable given the circumstances of the case.

Accordingly, the tribunal made orders cautioning the respondent, approving the undertaking, and deciding that the disciplinary action should not be recorded on the register. Each party was ordered to bear their own costs.