In Re Dr. Darwin Rivera and The Medical Practice Act 1992 [2005] NSWMT 13

New South Wales Medical Tribunal

CITATION : In Re Dr. Darwin Rivera and The Medical Practice Act 1992 [2005] NSWMT 13 TRIBUNAL: Medical Tribunal PARTIES : NSW Health Care Complaints Commission Dr. Darwin Rivera FILE NUMBER(S) : 40006 of 2004 CORAM: Knight DCJ - Glover, Prof - Toh, Dr S - Jackett, Mr D CATCHWORDS: unsatisfactory professional conduct - professional misconduct LEGISLATION CITED: Medical Practice Act 1992 Medical Practice Regulation 1998 Rejfek v McElroy (1965) 112 CLR 517; Bannister v Walton (1993) 30 NSWLR 699 ; Briginshaw v Briginshaw (1938) 60 CLR 336; Zaidi v Health Care Complaints Commission (1998) 44 NSWLR 82; CASES CITED: Purnell v Medical Board of Queeensland (15 August 1997 - unreported; HCC v Litchfield (1997) 41 NSWLR 630; Qidwai v Brown [1984] 1NSWLR 100; Daskalopoulos v HCC [2002] NSWCA 200 ; Jones v Dunkel DATES OF HEARING: DATE OF JUDGMENT: 10 February 2005 ORDERS: 1. That the complaint that Dr. Darwin Rivera has been guilty of professional misconduct is proved; 2. That the name of Dr. Darwin Rivera be removed from the Register of Medical Practitioners kept pursuant to the Medical Practice Act 1992 as amended; 3. That Dr. Darwin Rivera pay two thirds of the costs of the complainant of these proceedings; and; 4. That the Health Care Complaints Commission pay one third of the costs of Dr. Darwin Rivera of these proceedings.

JUDGMENT:

IN THE MEDICAL TRIBUNAL CONSTITUTED UNDER SECTION 146 OF THE MEDICAL PRACTICE ACT 1992 AS AMENDED.

No. - 40006 of 2004