| Philip Nitschke wins appeal over medical licence suspension |
Euthanasia advocate had his medical licence suspended after allegedly counselling a depressed man to kill himself
Euthanasia advocate Dr Philip Nitschke has won the support of the Northern Territory supreme court in his fight against the Medical Board of Australia over the suspension of his medical licence.
The NT supreme court upheld Nitschke’s appeal on Monday finding the emergency suspension of his licence by the MBA should not have been upheld by a review tribunal.
The MBA suspended Nitschke in 2014 during an emergency midnight meeting following allegations he counselled 45 year old Nigel Brayley – who was depressed but otherwise healthy – to take his own life.
Nitschke appealed against the suspension in front of a health profession review tribunal in December, but it upheld the original decision. Nitschke then appealed against that decision in the supreme court earlier this year.
In his findings on Monday, Justice Hiley overturned the tribunal’s decision, and in so doing also set aside the original action of the MBA.
While it is not yet clear whether Monday’s decision automatically reinstates Nitschke’s medical license, the ruling’s basis – that he posed a serious and immediate risk to people – has been quashed, Guardian Australia understands.
Hiley found the board “misconstrued the code [of conduct]” in its deliberations and applied clauses without “the existence of any expert or other evidence which could possible give that provision any content and relevance”.
In his reasons Hiley said it was not the function of the tribunal – or his court – to decide whether Nitschke’s actions amounted to professional misconduct.
Hiley found the only issues for the tribunal to determine were whether Nitschke’s alleged conduct was in breach of the code of conduct – in particular whether “doctors have a responsibility to protect and promote the health of individuals and the community” – and whether because of that conduct the tribunal “reasonably believes” Nitschke posed a serious risk.
Speaking from London, Nitschke told Guardian Australia he was happy with the decision, and pleased that the case was examined as a rule of law, not the beliefs of the medical board, which he described as “increasingly vindictive.”
“What [Monday’s decision] means to me is I have no faith in the medical tribunal or the medical board’s ability to lawfully prosecute this matter,” said Nitschke.
“If they’re now going to come up and make a statement about their next 12 complaints, the reality is as I see it is they couldn’t manage the Brayley case so I have no faith in them to manage those.”
Nitschke is the subject of 12 other complaints lodged by the MBA.
Monday’s decision is the latest chapter of a case which centred on communications between Nitschke and Brayley, who approached the euthanasia advocate at an Exit International workshop, and later informed him of his intention to kill himself.
Brayley offered to send Nitschke his final correspondence, which Nitschke agreed to. The MBA argued Nitschke had a duty of care to intervene in Brayley’s plans, but Nitshcke and his legal team maintained there was no doctor-patient relationship which obligated it.
The MBA’s legal team later agreed to that assertion for the supreme court hearing, but argued Nitschke’s actions still demonstrated he was not a fit and proper person to practise medicine.
In June London’s Metropolitan police also dropped an investigation into allegations that Nitschke encouraged or assisted suicide while in Britain.
| HAVE YOUR SAY!!! - What do you think about this story? Tell us here. |
|
