The lawyers at Papallo Kouchoo have acted for various professionals in disciplinary proceedings, especially in the medical fields.

These are proceedings where professional organising bodies (those such as Australian Health Practitioner Regulation Agency (“AHPRA”) or related agencies which cater for different professions—e.g. the Medical Council of NSW, the Dental Council of NSW, or the Nursing and Midwifery Council of NSW – “ professional bodies” or “councils”) bring proceedings in against a professional in respect of alleged conduct which can potentially amount to what is labelled as ‘unsatisfactory professional conduct’ or more seriously, ‘professional misconduct’.

Proceeding in respect of ‘unsatisfactory professional conduct’ may be related to conduct which is said to ‘sub-standard’ practice in a relevant field, and it can include matters as simple as ‘bad record keeping’, or general unsatisfactory business conduct of a practice, or inappropriate dealings with patients, clients or other colleagues.

When the allegations are proven, the outcome (or the ‘punishment’) may include conditions imposed on a practice, and or some other type of punishment such as fines, reprimands, attending courses (usually a condition), as well as legal costs.

‘Professional misconduct’ on the other hand may be much more serious, relating to matters which may be quite significant. For example, conduct which leads to injury or death, criminal conduct, conduct related to mis-prescribing medication and other related matters.

If the allegations of the councils are made out, stringent conditions on a practice may be imposed, and other more serious outcomes can include suspension, cancellation of authority to practice (e.g. removal of the name of a practitioner from a professional roll and prohibition of practice, i.e. cancellation of ‘licence’ to practice) and others.

Costs can usually follow.

These hearings are mainly held in the NSW Civil and Administrative Tribunal (NCAT) and can be heard in two stages. One stage regards prosecution of the allegations (i.e. proving them) and the other may be a hearing as to what the punishment ought to be if the stage one allegations are proved.

There may also be ‘urgent’ hearings where if the allegations is thought to be serious enough, in order to protect the community, a ‘section 150’ hearing for example, may be held in order to see if immediate suspension or other urgent measures are required.

Many times, these urgent hearings end with stringent (and interim) conditions being imposed to one’s practice.

However, one can never be sure what the outcome in any of these hearings will be.

At Papallo Kouchoo Lawyers, we have acted for various professionals, against whom allegations were made and proceedings brought, but whose conduct did not amount to either unsatisfactory professional conduct nor to professional misconduct. But in order to ascertain that, good lawyers are needed to assess each case on its merits and to ensure that a good defence exists.

At other times, it may be that a council’s case against the professional is quite strong (for example, the professional may have already been convicted of offences in the courts) and so the best way forward may be to simply try and ‘limit the damage’ and attempt to continue a practice with reasonable conditions.

It is also possible that, if allegations against a professional are not proven, costs orders may be made against a particular council and in the professional’s favour.

Our experience in this area (much of it with doctors, dentists and nurses) can assist you in trying to traverse this very tough terrain. We understand that your livelihood depends on the advice that we give you. In such stressful circumstances, we not only provide you with the best advice available, but we also provide you with cost-effective advice.

If you have any questions, please do not hesitate to contact us for an obligation free professional consultation.