THE PSYCHOLOGISTS BOARD OF WESTERN AUSTRALIA and BEATON

[2008] WASAT 149

Orders

Last Update:  01/04/2009

Orders for THE PSYCHOLOGISTS BOARD OF WESTERN AUSTRALIA and BEATON [2008] WASAT 149
Jurisdiction:	STATE ADMINISTRATIVE TRIBUNAL	File No:	VR:48/2007
Stream:	VOCATIONAL REGULATION
Act:	PSYCHOLOGISTS ACT 2005 (WA)
Heard:	24/02/2009
Coram:	JUSTICE JA CHANEY (PRESIDENT)
Parties:	PSYCHOLOGISTS BOARD OF WESTERN AUSTRALIA, BRUCE BEATON

Orders: 1. These proceedings be stayed on the basis that -
2. (a) The respondent is presently suffering from post traumatic stress syndrome and severe major depressive order;
(b) being required to participate in the disciplinary proceedings would most likely lead to marked worsening of the respondent's post traumatic stress syndrome and major depression;
(c) the respondent's psychiatric symptoms would affect his capacity to adequately consider the issues, present argument, give evidence and examine witnesses in the Tribunal proceedings;
(d) the respondent is presently not psychiatrically fit to participate in the proceedings, even with legal representation;
(e) in January 2007 and subsequently before the Tribunal Mr Beaton proffered his voluntary resignation from the register. On 20 February 2009 the Board resolved to accept that voluntary resignation and on 23 February 2009 Mr Beatons name was removed from the register pursuant to s39(2) of the Psychologists Act 2007.
3. The proceedings are stayed, subject to there being no material change to the Respondent's psychiatric state such that he is no longer suffering from post traumatic stress syndrome and severe major depressive disorder, or only suffers from those disorders to an extent that his ability to participate in disciplinary proceedings would not be affected.
4. There be liberty to apply.

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