Conditions imposed on a medical practitioner's registration that effectively prevent the practitioner from treating any patients are beyond the power of the Tribunal where only unsatisfactory professional conduct (not professional misconduct) has been found, as such conditions are tantamount to suspension or deregistration. A specialist disciplinary Tribunal is not obliged to draw adverse inferences from a respondent's failure to give evidence; the Tribunal is entitled to take into account the circumstances in which the failure arose. Procedural fairness requires that a practitioner be given a reasonable opportunity to present evidence and submissions on penalty after findings are delivered, assessed by reference to practical and strategic considerations rather than abstract possibilities.
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