28 Aug 2018
On 1 November 2017 the Victorian Civil and Administrative Tribunal (the tribunal) found Dr Matthew Carbery, a registered chiropractor, failed to maintain appropriate professional indemnity insurance (PII) in accordance with the Board’s registration standard. The tribunal also found that Dr Carbery made a false declaration to AHPRA during his renewal of general registration in relation to his compliance with the requirements of the PII registration standard.
Dr Carbery’s misconduct occurred between 1 December 2013 and 10 April 2015. Dr Carbery had PII cover before and after those dates. Dr Carbery told the tribunal that during the time the misconduct occurred he faced personal and financial pressures.
Dr Carbery cooperated fully with the investigations and the proceedings and showed that he understood the seriousness of his conduct. The tribunal noted: ‘If we were not satisfied that Dr Carbery understood the gravity of the conduct… (we) may well have resulted in a stronger penalty such as suspension of his registration.’
The misconduct was revealed during a routine random audit conducted by AHPRA, on behalf of the Board.
A condition has been imposed on Dr Carbery that requires him to provide evidence of appropriate PII to the Board and AHPRA on an ongoing basis. The review period for this condition is 31 October 2020.
The decision can be viewed on the tribunal’s website.