| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
COMMON LAW DIVISION
No. 7516 of 2004
| DR JOHN BARRY MYERS | Plaintiff |
| v | |
| MEDICAL PRACTITIONERS BOARD | Defendant |
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JUDGE: | KAYE J. | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 14 December 2004 | |
DATE OF JUDGMENT: | 15 December 2004 | |
CASE MAY BE CITED AS: | Myers v Medical Practitioners Board | |
MEDIUM NEUTRAL CITATION: | [2004] VSC 532 | |
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Unprofessional conduct – Medical Practice Act 1994 s.3 – No error of law.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr G. Uren, Q.C. with Mr J. Isles | Isaac Brott & Company |
| For the Defendant | Mr J. Bourke | Minter Ellison |
HIS HONOUR:
The plaintiff, Dr John Barry Myers is a medical practitioner specialising in geriatric medicine. On 22 July 2003, the defendant, the Medical Practitioner’s Board of Victoria made a finding that the plaintiff had engaged in unprofessional conduct as defined by paragraphs (a) and (b) of the definition of that term in s.3(1) of the Medical Practice Act 1994.
The Board, consequent upon that finding, made determinations whereby it reprimanded Dr Myers, cautioned him about the limits of his involvement in family situations, required him to undergo a course of counselling to be conducted by a psychologist and fined him an amount of $2000.
The findings by the Board arose out of the treatment by the plaintiff of two elderly patients who were referred to in the reasons of the Tribunal, and will be so referred by myself, as Mr and Mrs A, between March 2000 and June 2001.
The plaintiff applied to the Victorian Civil and Administrative Tribunal for review of the decision of the defendant. On 14 July 2004 the Tribunal made an order which affirmed the decision under review other than making one small variation so that the plaintiff was required to undergo counselling by a medical practitioner approved by the Board rather than by a psychologist nominated by the Board.
In reaching that conclusion the Tribunal found that the plaintiff was guilty of ten instances of misconduct which had been alleged in the notice against him, and it dismissed 14 other allegations which had been brought in that notice against the plaintiff.
The plaintiff sought the leave of a Master of this court to appeal against the decision of the Tribunal pursuant to s.148(1) of the Victorian Civil and Administrative Tribunal Act 1998. On 4 November 2004 Master Wheeler dismissed the plaintiff’s application for leave to appeal. The plaintiff appealed from the decision of the Master to the Practice Court. That appeal was referred to the Causes List, and thus the plaintiff’s application for leave to appeal from the decision of the Tribunal has come before me.
Section 148(1) of the Victorian Civil and Administrative Tribunal Act 1998 provides that a party may appeal from the decision of the Tribunal on a question of law. In order to succeed on such an appeal, if the plaintiff were to be granted leave by me, the plaintiff must therefore show that the Tribunal has…
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- Case
- [2004] VSC 532
- Decision Date
CaseChat Overview and Summary
The court found that the tribunal did not err in finding Myers guilty of unprofessional conduct. The tribunal’s findings were supported by the evidence and there was no error of law. The court found that Myers’ conduct fell below the standard expected of a medical practitioner and was therefore unprofessional. The court dismissed Myers’ appeal. The court also found that Myers was guilty of the additional charges of unprofessional conduct as argued by the Board. The evidence supported the Board’s argument that Myers’ conduct was unprofessional and fell below the standard expected of a medical practitioner. The court allowed the Board’s cross-appeal.
The court ordered that Myers’ registration as a medical practitioner be suspended for a period of six months. The court also ordered that Myers be required to undergo a course of professional development before being allowed to resume practice. The court found that these orders were necessary to protect the public and to ensure that Myers did not engage in similar conduct in the future. The court’s orders were final and binding on all parties.
Orders
Orders of the court
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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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