Tribunal reprimands doctor for practising without professional indemnity insurance

20 Sep 2019

A tribunal has reprimanded a Western Australian general practitioner for practising without appropriate professional indemnity insurance (PII).

On 19 March 2018, during a telephone conversation with an officer of the Australian Health Practitioner Regulation Agency (AHPRA) Dr Yusuf Bhamjee stated that he did not currently have PII arrangements in place.

Following the telephone conversation, Dr Bhamjee immediately ceased practising as a medical practitioner.

Around 3 April 2019, Dr Bhamjee provided AHPRA with a Certificate of Currency from MDA National (a PII provider) which indicated that they had granted appropriate PII cover for the period 19 March to 30 June 2018 and provided retroactive PII cover for the uninsured period.

The Medical Board of Australia (the Board) referred the matter to the State Administrative Tribunal of Western Australia (the tribunal) alleging that Dr Bhamjee had practised as a medical practitioner without appropriate PII arrangements in place during the period 6 November 2017 to 19 March 2019.

This was in contravention of the National Law¹ the Board’s PII registration standard and in breach of the Board’s Good medical practice: A code of conduct for doctors in Australia.

Dr Bhamjee admitted to behaving in a way constituting professional misconduct.

As well as receiving a reprimanded by (the tribunal), Dr Bhamjee, a specialist general practitioner, was fined $2,000 and had conditions imposed on his registration requiring him to successfully complete a program of education in relation to ethical practice and professional obligations as a medical practitioner. He was also ordered to pay the Board’s costs of $1,500.

All registered medical practitioners must ensure they comply with the Board PII registration standard.

The decision is published on the tribunal website. 

¹Health Practitioner Regulation National Law, as in force in each state and territory (the National Law).