NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Marino (No. 2) [2016] NSWCATOD 75 Hearing dates: 26 April 2016, 29 April 2016 and 24 May 2016 (submissions) Date of orders: 10 June 2016 Decision date: 10 June 2016 Jurisdiction: Occupational Division Before: Marks ADCJ, Principal Member Dr J Davidson, Professional Member Dr A Reid, Professional Member Professor P Macneill, General Member Decision: 1. Consequent upon the finding of professional misconduct which we have made, we make the following orders:
(1) The registration of Dr Giuliano Marino ("the practitioner") on the register of medical practitioners maintained by the Australian Health Practitioner Regulation Agency (AHPRA) in conjunction with the Medical Board of Australia is suspended under section 149C(1)(b) of the Health Practitioner Regulation National Law ("the National Law") for a period of 9 months.
(2) On the expiration of the practitioner's suspension, his registration shall be subject to the following orders and conditions:
(a) The practitioner is only to practise in a Medical Council of New South Wales ("the Council") approved public hospital position.
(b) The practitioner is prohibited from performing locum work.
(c) The practitioner is required to advise the Council in writing at least 7 days prior to changing his place of practice.
(d) The practitioner shall authorise any employer to notify the Council of any concerns about his professional conduct or performance.
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