Doc dodges suspension

Chiro lied about insurance

A GEELONG chiropractor reprimanded by VCAT on two counts of professional misconduct has avoided suspension of his registration.

Dr Matthew Carbery was found by the Victorian Civil and Administrative Tribunal to have neglected the required professional insurance for 16 months, and lied about it to the governing body in order to renew his registration.

The tribunal found that between December 1, 2013, and April 10, 2015, Dr Carbery, of Innovative Chiropractic in Geelong West, did not have the required professional indemnity insurance (PII).

He also made a false declaration relating to his compliance with requirements of PII to the Australian Health Practitioner Regulation Agency during his renewal of gen- eral registration to practise as a chiropractor.

Details from the hearing, initiated by the Chiropractic Board of Australia and held in Melbourne on November 1 about 2½ years after the investigation began, have just been made public.

Dr Carbery, who appeared at the hearing in person, said his actions were the result of various financial and family pressures.

He described being in debt “up to the hilt” with no capacity to pay and referenced the pressures of the economy in Geelong and that he had taken a lease on a building with five unoccupied rooms.

The member presiding over the hearing noted that the chiropractor co-operated with the investigation and demonstrated remorse for his actions.

It was stated that Dr Carbery had insurance prior to the period in question and has had cover since.

With no other disciplinary history he was not considered careless, dangerous or incompetent.

“If we were not satisfied that Dr Carbery understood the gravity of the conduct, that of itself may well have resulted in a stronger penalty such as suspension of his registration,” the statement of reasons said.

“For a registered health practitioner, the obligation to ensure compliance with professional obligations, such as the profoundly important obligation to be insured, ought always to be a priority.”

As a result of the findings, a condition was imposed on Dr Carbery’s registration that requires him to provide evidence of his current PII to the board and AHPRA annually.

The condition will be reviewed in October 2020.