A medical tribunal must examine the quality of a prescribing error — including surrounding circumstances, inconsistencies, and the practitioner's confusion — rather than simply characterising it as 'mere negligence'. Character evidence is not admissible on the question of whether conduct constitutes unsatisfactory professional conduct, though it remains relevant to credit and penalty. On appeal under s 91(1)(b) of the Medical Practice Act 1992, the Court has discretion to make no penalty order where the merits and public welfare so require.
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