[2025] SACAT 110
General information, not legal advice.
SA Civil and Administrative Tribunal
2025-11-26
Original judgment source is linked above.
Medical Board of Australia v Herbert [2025] SACAT 110
The Medical Board of Australia (Board) referred a complaint to the Tribunal under the Health Practitioner Regulation National Law (South Australia) Act 2010 (National Law) alleging that the respondent engaged in professional misconduct and unprofessional conduct. Ground 1 of the complaint was that the respondent had forged prescriptions of opioids to himself for personal use contrary to the . Ground 2 of the complaint was that the respondent failed to provide AHPRA with nominated practice information, knowing that the information should have been provided subsequent to an undertaking that he would not practice as a medical practitioner.
The Tribunal finds the allegations to be proven where the respondent did not contest them in these proceeding and the respondent was previously convicted of the conduct subject to the allegations in the Supreme Court under the Controlled Substances Act 1984. A failure to provide the nominated practice information is considered to be a serious matter in these circumstances where this information assists AHPRA in its duty to monitor the respondent's compliance with the undertaking to not practice as a medical practitioner.
The respondent did not attend the hearing and thereby the Tribunal was unable to assess the respondent's degree of insight into his conduct.
Held, finding professional misconduct and unprofessional conduct, and imposing sanctions:
Health practitioners - Complaint by the Medical Board of Australia - Unprofessional conduct - Professional Misconduct - Dishonestly procuring controlled drugs for personal use - Failure to provide nominated practice information - Disqualified from applying for registration for three years - Prohibited from providing health services and from using the title 'doctor' until re-registration - Reprimand - Costs order
Health Practitioner Regulation National Law (South Australia) Act 2010 Sch 2 ss 5, 132, 195, 196, 225
Medical Board of Australia
Herbert [2025] SACAT 110