NEWS-HR

A banned Darwin doctor who had a sexual relationship with a patient and conducted inadequate skin cancer checks has failed in his bid to be allowed to practise again. Wijeneka Liyanage, also known as Dr Aruna Liyanage, has been disqualified for three years by the Medical Board of Australia from applying to practise. He was suspended in 2014 for a “boundary violation” in having a sexual affair with a patient at the Top End Medical Centre who lodged a complaint with the medical watchdog after the relationship ended. He successfully appealed. However, the ban was reinstated when it was found that had since been involved in more unethical behaviour, performing sub-par skin checks on two patients he cleared who were later found by other doctors to need treatment for cancers. He also tried to cover it up from investigators by rewriting his notes to make them more detailed. NT Supreme Court Justice Jenny Blokland rejected Liyanage’s application to appeal, saying there was no basis to his claim that the disqualification from practising was “manifestly excessive”. The fact that he had tried to deceive investigators indicated he did not have “insight into the nature of his conduct”, she said, and a ban was appropriate to protect the community. That there were further instances of misconduct after the sexual affair with the patient made Liyanage’s behaviour more brazen and unethical, Justice Blokland said. “He was almost exclusively motivated by his own interests,” she said. “This throws into doubt whether the applicant will be likely to practice ethically in the future.” The Medical Board had previously found him to have behaved in a way that constituted professional misconduct; and unsatisfactory professional performance with four patients.

A s.185 (Enterprise agreement) application from Healthscope Operations Pty Ltd T/A Healthscope Limited for the National Capital Private Hospital Nursing Enterprise Bargaining Agreement 2018-2021 has been approved by Fair Work Commissioner Lee in Melbourne on 11 February 2019.

A care worker was found sleeping on two chairs in a staff kitchen at a nursing home while the daughter of a patient was frantically looking for a staff member, a tribunal has heard. The daughter of the patient stated that it was difficult to awaken the care worker in question during her night duty and she found another staff member who promptly got the nurse on duty without delay. The sleeping carer was one of two carers and one nurse tasked with looking after 23 patients during the night duty. The nursing home received a complaint over the care-worker being found asleep on the job. The care assistant had been employed by the nursing home for nine years until her dismissal on June 2nd 2017 arising from the ‘sleep’ incident on May 9th 2017. The care assistant sued for unfair dismissal and a Tribunal has found that the worker was not unfairly dismissed.

The Department of Human Services is fighting a s.394 (Application for unfair dismissal remedy) before Fair Work Deputy President Kovacic in the Hearing Room in the ACT (Jeffs).

The Australian Nursing and Midwifery Federation and Pioneer House Living Ltd are debating a s.739 (Application to deal with a dispute) in front of Fair Work Commissioner Johns in his Melbourne chambers at 3pm.

An application for termination of the Sigma Services Group Pty Ltd Enterprise Agreement 2013-2017 (s.225 -Application for termination of an enterprise agreement after its nominal expiry date) will be determined by Deputy President Saunders at Level 3, 237 Wharf Road, Newcastle today.

An application for approval of the healthcare Imaging Service – Victoria – Radiology and MRI Enterprise Agreement 2018 (s.185 – Application for approval of a single-enterprise agreement) will be determined by Fair Work Deputy President Masson in Court 7 – Level 6 in Melbourne.

A s.185 (Application for approval of a single-enterprise agreement) by Mario Verrocchi & East Yarra Friendly Society T/A My Chemist Health & Beauty Distribution for the New South Wales H & B Distribution Enterprise Agreement 2018 has been approved by Deputy President Masson in Melbourne on 13 February 2019.