In Re Dr Jonathan Bentley and the Medical Practice Act 1992 [2005] NSWMT 10

New South Wales Medical Tribunal

CITATION : In Re Dr Jonathan Bentley and the Medical Practice Act 1992 [2005] NSWMT 10 TRIBUNAL: Medical Tribunal PARTIES : FILE NUMBER(S) : 40015 of 2003 CORAM: Graham, DCJ - Spark, Dr R - Houen, Ms J CATCHWORDS: LEGISLATION CITED: Medical Practice Act 1992 (Commonwealth) Health Insurance Act 1973 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; Richter v Walton, Court of Appeal (15 Sept 1993); CASES CITED: Health Care Complaints Commission v Abou Hatoum and another [2004] NSWCA 30; Zaidi v Health Care Complaints Commission (1998) 44 NSWLR 82; Ohn v Walton Court of Appeal (28 Feb 1995) DATES OF HEARING: DATE OF JUDGMENT: 26 May 2005 ORDERS: 1. (a) A declaration that order 2 made by the tribunal on 21 June 1996, that is, an order relating to psychiatric treatment, is no longer appropriate.; (b) An order revoking that order.; 2. An order deleting all remaining conditions to which the practitioner is subject.; 3. No order as to the costs of either the applicant or the respondent.

JUDGMENT:

40001/5

MEDICAL TRIBUNAL OF NEW SOUTH WALES

DEPUTY CHAIRPERSON: JUDGE GRAHAM

MEMBERS: DR J KENDRICK DR R SPARK MS J HOUEN

THURSDAY 26 MAY 2005

IN RE DR JONATHAN BENTLEY AND THE MEDICAL PRACTICE ACT

JUDGMENT

1 This is an application for relief Under section 92 of the Medical Practice Act 1992. The application relates to an order and what remains of two of the conditions imposed upon the applicant at the conclusion of a hearing in the medical tribunal on 21 June 1996, in relation to a number of matters of complaint, then before the tribunal.

ORDER 2