EDMOND v NEW SOUTH WALES HEALTH DEPARTMENT [1994] NSWCA 88

EDMOND v NEW SOUTH WALES HEALTH DEPARTMENT SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, MEAGHER and SHELLER JJA 12 December 1994, 21 December 1994

[1994] NSWCA 88 MEDICAL TRIBUNAL — PROFESSIONAL MISCONDUCT

APPEAL FROM MEDICAL TRIBUNAL — two complaints concerning professional misconduct and improper and/or unethical conduct — a third complaint concerned Medicare claims for services which had not in fact been provided — all complaints found proved — order that appellant's name be removed from the Register — appeal as argued confined to third complaint — question whether sufficient evidence that appellant aware of false Medicare claims. Held: on the evidence before it the Tribunal was entitled to be satisfied that the appellant had submitted Medicare claims for anaesthetic services in the name of another doctor in the knowledge that no such services had been provided and with the intention of obtaining a financial benefit for himself; no ground was shown for altering any of the Tribunal's orders.

ORDERS Appeal dismissed with costs.

Priestley JA The Medical Tribunal (the Tribunal) constituted by the Medical Practice Act 1992, by a notice dated 22 April 1994 addressed to Dr Edmond Edward Edmond, told him of two complaints made against him of professional misconduct and/or unsatisfactory professional conduct as defined in that Act. On 27 April 1994 the Medical Board made an order suspending Dr Edmond from practice. By notice dated 3 June 1994 the Medical Tribunal informed Dr Edmond of a third complaint against him of improper and/or unethical conduct relating to the practice of medicine. The Medical Tribunal heard the three complaints, together with an appeal by Dr Edmond against the suspension order and on 15 July 1994 found the three complaints proved, dismissed the appeal against the suspension order, ordered the name of Dr Edmond to be removed from the Register of Medical Practitioners of New South Wales and made ancillary orders. Dr Edmond appealed to this court against the orders of the Tribunal.