VCAT found Mr Marton engaged in professional misconduct under paragraphs (a) and (c) of the definition in s 5 of the National Law across all three allegations, and ordered: reprimand, cancellation of his enrolled nurse registration, a three-year prohibition on applying for a reinstatement order, and a three-year prohibition on providing any health service. The Tribunal applied the newly commenced reinstatement order regime (effective 10 April 2026) to a matter already on foot, relying on the principle from Attorney-General (Q) v AIRC (2002) 213 CLR 485 that regulatory proceedings must be determined under the law as it stands at the time of determination. A practitioner's persistent lack of insight, ongoing dishonesty, and failure to acknowledge misconduct were treated as significant aggravating factors warranting cancellation and a prohibition order extending beyond regulated practice to all health services. Costs were reserved pending the outcome of the appeal in Medical Board of Australia v Zhao.
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