Medical Board Reverses Decision on Posting Tribunal Decisions

On 27 July 2018 the Medical Board of Australia (the Board) announced it would no longer be publishing links on the medical register to court and tribunal decisions where there was no adverse finding against the doctor.

This reverses the decision made by the Board in March 2018 that links to published court and tribunal decisions about individual doctors who have been involved in disciplinary action with the Board or AHPRA would be added to the medical register.

The Board has now removed links to tribunal decisions that have been published on the register since March 2018 in which there was no regulatory action against the doctor.

The Board changed its position in response to concerns raised by doctors and professional groups. MDA National argued that inclusion of these decisions on the register, regardless of the tribunal’s findings, would be seen as a “black mark” against the doctor.

In 2017/18 there were:

• 111,000 registered medical practitioners
• approximately 6,000 complaints against doctors - no regulatory action was taken in 75% of these complaints
• approximately 100 tribunal hearings - in 17% of these cases there was no regulatory action.

Only externally published court and tribunal decisions where there has been an adverse finding against the doctor will be included as a link on the medical register.

Complaints in which there was no court or tribunal hearing (even if there was an adverse finding, such as a caution or reprimand) will not be linked to a doctor’s name on the register.

This blog contains general information only. We recommend you contact your medical defence organisation or insurer when you require specific advice in relation to medico-legal matters.