In Lee v R [2022] NSWDC 178 a sentence from the magistrates court was appealed in that an intensive correction order for 18 months rather than 2 years was imposed on a young person who did not complete their studies. AHPRA had prosecuted Ms Lee in the Magistrates Court.

Relevantly the history was set out in the District Court but in short, Ms Lee did not ever have a medical degree yet managed to work as an intern for a significant period.

Confirmation from the university was obtained by the hospital and she was removed from duties the same day….. On 12 August 2020 the Australian Health Practitioners Regulation Agency wrote to the appellant by email informing her of the provisions of the National Law that were relevant to her circumstances and that an investigation would be commenced.

On 9 August 2021 the hospital discovered she was not and had never been registered with the Australian Health Practitioners Regulation Agency and she met with supervising doctors. She was asked whether she held registration. She first responded that she was waiting for documentation from the university but then disclosed that she had received communication in 2020 that she had not completed her studies.

The question that is begged is how (in 2021) could NSW Health or a Hospital employ a medical practitioner without checking registration status and just accept a signed document – apparently when the AHPRA registration details were omitted.

It is a reminder that all those employing Health Practitioners have a positive duty to check that the employee is properly qualified and registered.

If a practitioner is employed without registration criminal charges can be brought against the employer- health practitioner or not (s 117 National Law)

                                                                                 Ex tempore revised Judgement • 6 min read This is a serious crime. I would not come to the view that it is a worst-case example, it would in my view fall somewhere about or perhaps a little above mid – range of objective seriousness. I have come to the view that upon the synthesis the…