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.<\/p>\n
The NT supreme court upheld Nitschke\u2019s appeal on Monday finding the emergency suspension of his licence by the MBA should not have been upheld by a review tribunal.<\/p>\n
The MBA suspended Nitschke in 2014 during an emergency midnight meeting following allegations he counselled 45 year old Nigel Brayley \u2013 who was depressed but otherwise healthy \u2013 to take his own life.<\/p>\n
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.<\/p>\n
In his findings on Monday, Justice Hiley overturned the tribunal\u2019s decision, and in so doing also set aside the original action of the MBA.<\/p>\n
While it is not yet clear whether Monday\u2019s decision automatically reinstates Nitschke\u2019s medical license, the ruling\u2019s basis \u2013 that he posed a serious and immediate risk to people \u2013 has been quashed, Guardian Australia understands.<\/p>\n
Hiley found the board \u201cmisconstrued the code [of conduct]\u201d in its deliberations and applied clauses without \u201cthe existence of any expert or other evidence which could possible give that provision any content and relevance\u201d.<\/p>\n
In his reasons Hiley said it was not the function of the tribunal \u2013 or his court \u2013 to decide whether Nitschke\u2019s actions amounted to professional misconduct.<\/p>\n
Hiley found the only issues for the tribunal to determine were whether Nitschke\u2019s alleged conduct was in breach of the code of conduct \u2013 in particular whether \u201cdoctors have a responsibility to protect and promote the health of individuals and the community\u201d \u2013 and whether because of that conduct the tribunal \u201creasonably believes\u201d Nitschke posed a serious risk.<\/p>\n
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 \u201cincreasingly vindictive.\u201d<\/p>\n
\u201cWhat [Monday\u2019s decision] means to me is I have no faith in the medical tribunal or the medical board\u2019s ability to lawfully prosecute this matter,\u201d said Nitschke.<\/p>\n
\u201cIf they\u2019re now going to come up and make a statement about their next 12 complaints, the reality is as I see it is they couldn\u2019t manage the Brayley case so I have no faith in them to manage those.\u201d<\/p>\n
Nitschke is the subject of 12 other complaints lodged by the MBA.<\/p>\n
Monday\u2019s 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.<\/p>\n
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\u2019s plans, but Nitshcke and his legal team maintained there was no doctor-patient relationship which obligated it.<\/p>\n
The MBA\u2019s legal team later agreed to that assertion for the supreme court hearing, but argued Nitschke\u2019s actions still demonstrated he was not a fit and proper person to practise medicine.<\/p>\n
In June London\u2019s Metropolitan police also dropped an investigation into allegations that Nitschke encouraged or assisted suicide while in Britain.<\/p>\n","protected":false},"excerpt":{"rendered":"
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\u2019s appeal on Monday finding the emergency suspension of his licence by the MBA should not have been upheld […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0},"categories":[5],"tags":[],"yoast_head":"\n\n\n\n\n\n\n\n\n\n\n\t\n