Sakalo v Medical Board of Western Australia

The Medical Board of Western Australia sought to have the medical registration of Dr. Sakalo cancelled on the basis of improper conduct in a professional respect. The Board alleged that Dr. Sakalo's intra-operative notes were inadequate and that this failure amounted to professional misconduct. Dr. Sakalo appealed to the Supreme Court of Western Australia, arguing that the Board's decision was flawed in law and on the facts. The Court was required to determine whether the Board's decision to cancel Dr. Sakalo's registration was legally sound and whether the penalty was appropriate.

The Court held that the Board had failed to consider all relevant evidence before it, particularly the findings of the Coroner's inquest into the death of the patient. The Court found that the Coroner had concluded that the death was not due to any fault on the part of Dr. Sakalo, and that the Board should have taken this into account when making its decision. The Court also found that the Board's decision to cancel Dr. Sakalo's registration was not proportionate to the alleged misconduct. The Court held that a lesser penalty, such as a reprimand or a requirement to attend a refresher course, would have been sufficient.

The Court allowed Dr. Sakalo's appeal in part, setting aside the decision of the Board to cancel his registration and substituting a lesser penalty. The Court found that the Board had failed to consider all relevant evidence before it, and that the penalty was not proportionate to the alleged misconduct. The Court held that a lesser penalty, such as a reprimand or a requirement to attend a refresher course, would have been sufficient. The Court did not specify what the appropriate penalty should be, leaving this to the Board to determine in light of the Court's findings.