Medical Board of Queensland v Byrne [1958] HCA 40

THE MEDICAL BOARD OF QUEENSLAND .

Cc ABP VAB Eclersleyy Te Peer fA,

(esol Medical Board 'of $4(2000) 77 Re; Exp P prt eiedal SIS

HIGH COURT

{HIGH COURT OF AUSTRALIA.]

AND

BYRNE : . i : 5 Bs : RESPONDENT.

ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.

H.C. or A. Medical Practitioners (Q.)—Medical practitioner—Suspension—Convicted of non-

1958. Ww

Brisbane, June 24;

Sypney, Aug. 28.

MeTiernan, FPullagar and Taylor JJ.

indictable offence—Contravening a Repatriation Regulation by presenting to the Deputy Commissioner of Repatriation a document which was false in stating that he had attended certain patients on specified dates—Medical Board of opinion that he should be subjected to disciplinary punishment—Board proceeding to have him charged before Medical Assessment Tribunal—Practitioner not given an opportunity to be heard by the board before it formed that opinion—Whether Assessment Tribunal had jurisdiction to hear charge—Bffect of the opinion of the board on the hearing of the charge by the tribunal—Punishment—Matters that may be taken into consideration—Fact that practitioner knew the statement to be false—Knowledge of falsity not an element of the offence—No allegation or charge of fraud—Case stated—The Medical Acts 1939 to 1955 (Q.), 88. 37 (1) (iii), 374, 41 (1), 43 (1).

Section 37 of The Medical Acts 1939 to 1955 (Q.) provides :—* (1) If the Board is of opinion that any medical practitioner (including any specialist)— . +. (iii) Has been convicted in Queensland of an indictable offence, or has been convicted in any other part of Her Majesty's dominions or elsewhere of an offence which would be indictable if committed in Queensland, or has been convicted in Queensland or in any other part of Her Majesty's dominions or elsewhere of any offence for which in the opinion of the Board he should be subjected to disciplinary punishment under this Act, or . . . it may proceed to have the medical practitioner concerned charged accordingly before the 'Tribunal and, upon so doing, shall have the conduct of the charge as prose- cutor: . .."