Towards compassion: statutory powers to regulate impaired doctors in Victoria, 1844-2016.

Wolf, Gabrielle 2016, Towards compassion: statutory powers to regulate impaired doctors in Victoria, 1844-2016., University of New South Wales law journal, vol. 39, no. 4, pp. 1410-1437.

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Title Towards compassion: statutory powers to regulate impaired doctors in Victoria, 1844-2016.
Author(s) Wolf, GabrielleORCID iD for Wolf, Gabrielle
Journal name University of New South Wales law journal
Volume number 39
Issue number 4
Start page 1410
End page 1437
Total pages 28
Publisher University of New South Wales Press
Place of publication Sydney, N.S.W.
Publication date 2016-11-22
ISSN 1447-7297
Keyword(s) Doctors
Regulation of health practitioners
Doctors' impairment
Summary This article examines the significant changes that parliamentarians have made to the powers of regulators of the Victorian medical profession (regulators) from 1844 to the present day to manage doctors whose ill health has impaired their capacity to practise medicine (impaired doctors). It explores the influences on legislators that altered their conceptions of the best ways of achieving the chief objective that they all shared: to protect the public. The article argues that there was a dramatic progression over this period from parliamentarians confining regulators to responding in a draconian, narrow way to impaired doctors, to empowering them increasingly to adopt a flexible, personalised and empathic regulatory approach. This management style has the potential to support impaired doctors to practise medicine safely, which is beneficial for the practitioners and their patients. Nevertheless, despite legislators’ intentions, in certain circumstances impaired doctors today may still experience regulation that appears punitive and unsupportive. The article therefore recommends that future legislators change regulators’ powers further to encourage them to manage these doctors in particular with greater compassion and thereby improve their chances of practising medicine safely in the future.
Language eng
Field of Research 180103 Administrative Law
180119 Law and Society
220204 History and Philosophy of Law and Justice
180123 Litigation, Adjudication and Dispute Resolution
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, University of New South Wales Press
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Document type: Journal Article
Collections: Faculty of Business and Law
2018 ERA Submission
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