Tribunal reprimands doctor, disqualifies him from registration for two years

14 Apr 2016

The State Administrative Tribunal of Western Australia (SAT) has reprimanded a doctor.

The State Administrative Tribunal of Western Australia (SAT) has reprimanded a doctor, disqualified him from reapplying for registration as a registered health practitioner for two years and ordered him to pay the Medical Board of Australia’s legal costs.

In 2011, the Board had suspended the registration of Dr Ian Nolan Bernadt, a specialist otolaryngologist, by way of immediate action, to manage risk to patients, pending other inquiries, following concerns being raised about his practice. Dr Bernadt appealed this decision, but the Court of Appeal affirmed it in 2013. The decision of the Court of Appeal can be viewed on AustLII.

In May 2012, the Board received notifications from two former patients, alleging that Dr Bernadt had, among other things, performed sinus or nasal surgery which was inappropriate, not indicated and/or inadequate.

In May 2014, the Board referred the matter to the SAT. During the course of the proceedings, Dr Bernadt admitted to having behaved in a way that constituted professional misconduct by:

• failing to adequately take or record a medical history from the patients
• failing to adequately record details of the patients’ presenting symptoms
• failing to undertake a thorough investigation of the patients’ conditions before recommending and performing surgery
• failing to maintain clear and up to date records about the patients
• failing to perform adequate audiometry on one patient, and
• performing nasal surgery on the patients which was not indicated or appropriate or which had no physiological basis.

On 30 April 2015, the SAT reprimanded Dr Bernadt, disqualified him from applying for registration as a registered health practitioner for two years from 30 April 2015 and ordered him to pay the Board’s costs, later agreed to be $7,500.

Dr Bernadt did not apply to renew his registration in September 2013 and was therefore not registered when the SAT made its decision.

The decision of tribunal can be viewed on the SAT website.