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Charge Characteristics

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Cited Cases


Decision Number: 97/4C
Practitioner: Dr Donald Richard Dalley
Charge Characteristics: Intent to defraud
Additional Orders: None
Full Decision: 974cfindings



A Complaints Assessment Committee (CAC) charged that Dr Dalley had been convicted of offences against Section 229A of the Crimes Act 1961 (using a document with intent to defraud) and the circumstances of the offences reflect adversely on his fitness to practice medicine.



The charges related to fraudulently claiming general medical services benefits. Dr Dalley was convicted by the District Court and ordered to pay a total fine of $4,500.



The Tribunal found that the charge laid by the CAC contained two elements. In that the first was the fact of conviction. That element was not in issue and was accepted. The second element was that "the circumstances of the offences reflect adversely on the practitioner's fitness to practise medicine". It interpreted the phrase "fitness to practise medicine" to include the ethical aspects of practise as well as those of a clinical nature. In this case the offending arose out of Dr Dalley's medical practice and the fact that he was in a position of trust. The Tribunal found the charge was established.



The Tribunal ordered that Dr Dalley be censured and that he pay 40% costs of the inquiry and hearing.

The Tribunal considered that removal of Dr Dalley's name from the Register or suspension from the Register was not justified in this case.