Guild Insurance Ltd v Hepburn [2014] NSWCA 400 (24 November 2014)

This case is interesting only in terms of indemnity contract and insurance. It is about a dentist who was defending allegations in Queensland and NSW.

December 5th, 2014|

About the Author: Brad Wright

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𝗪𝗵𝗮𝘁 𝗶𝘀 𝗮 𝗡𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗛𝗲𝗮𝗹𝘁𝗵 𝗕𝗼𝗮𝗿𝗱 𝗼𝗿 𝗖𝗼𝘂𝗻𝗰𝗶𝗹 𝗿𝗲𝗽𝗿𝗶𝗺𝗮𝗻𝗱 ?A reprimand is a chastisement for conduct; a formal rebuke. Reprimands issued since the start of the National Scheme are published on the National Registers of Practitioners. It can be imposed in a Tribunal in a prosecution or can be imposed by a Board Panel.The Boards seem to take the view that the reprimand to be effective must be published on the register. This means any person – including health funds- can see the fact that person has been reprimanded.Tribunals and Courts have consistently found that a reprimand is not a trivial penalty and that it had the potential for serious adverse implications to a professional person.The period of the reprimands visibility on the register is often a matter of dispute.Section 226(3) of the National Law gives the Board a discretion to remove the fact of a reprimand from the National Register “if it considers it is no longer necessary or appropriate.” In Health Ombudsman v HNH [2021] QCAT 235 at [36] the Tribunal observedThe Tribunal has no power to make any order as to how long the reprimand of the respondent remains recorded on the register. That is a decision for the Board. However, there is no prohibition on the Tribunal expressing a view on such matter, providing it is clear that the ultimate determination of such matter remains solely a matter for the Board. In other decisions Tribunals have made similar recommendations to that in Medical Board of Australia v YOS [2023] QCAT 164 and Medical Board of Australia v Kyaw [2016] QCAT 34 at [28].𝗣𝗥𝗔𝗖𝗧𝗜𝗖𝗔𝗟 𝗔𝗣𝗣𝗟𝗜𝗖𝗔𝗧𝗜𝗢𝗡Health Practitioners agreeing to reprimands should be aware that if the matter is before a Tribunal, the Tribunal may not be persuaded that it can set an end of publication date for the reprimand, but may express a recommendation of a lesser period.If the reprimand is imposed by a Council or Board Panel rather than a Tribunal it may be argued that the Board or Tribunal has the power to set an end of publication date and is a matter of policy for the Board or Council. ... See MoreSee Less

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Guild Insurance Ltd v Hepburn [2014] NSWCA 400 (24 November 2014)

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About the Author: Brad Wright

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