In Whose Interest? Recent Developments in Regulatory Immediate Action against Medical Practitioners in Australia.
Medical regulation
immediate action
patient safety
public interest
Journal
Journal of law and medicine
ISSN: 1320-159X
Titre abrégé: J Law Med
Pays: Australia
ID NLM: 9431853
Informations de publication
Date de publication:
Dec 2020
Dec 2020
Historique:
entrez:
8
1
2021
pubmed:
9
1
2021
medline:
12
1
2021
Statut:
ppublish
Résumé
"Immediate action" is a powerful regulatory tool available to Medical Boards. It protects the public from harm by restricting a medical practitioner's registration after allegations have been made, but before wrongdoing is proven. This article charts the development of these coercive powers in Australia and examines the legal, socio-political and ethical justification for supplementing a well-defined "public risk" test with a broad and controversial "public interest" test that leaves medical practitioners vulnerable to inconsistent decision-making. Compared to overseas jurisdictions, immediate action powers in Australia offer fewer procedural protections. The regulatory response to perceived threats to public trust and confidence in the medical profession needs to be proportionate, transparent, effective, and consistent, to protect the public while also being fair to practitioners.
Types de publication
Journal Article
Langues
eng
Sous-ensembles de citation
IM
Pagination
244-269Déclaration de conflit d'intérêts
The authors have previously conducted research in partnership with AHPRA.