This information sheet concerns the extraordinary case of Medical Board of Australia v Austin [2025] VR 46, published on 7 October 2025, following earlier criminal proceedings and disciplinary action before the State Administrative Tribunal of Western Australia.
The case involved a general practitioner who knowingly wrote insulin prescriptions for a medically vulnerable six-year-old child who had no need for such medication — conduct described by some commentators as one of the most serious breaches of professional duty ever brought before an Australian tribunal.
Background
Patient A (whose name is protected) was a six-year-old child with profound disabilities, including cerebral palsy, global developmental delay and Aicardi-Goutières syndrome. She was quadriplegic, non-verbal and fed by way of a nasogastric tube.
Her mother asked the GP (the Respondent) to prescribe insulin for her child, despite having no medical need for the medication.
The GP:
- hand-wrote the first insulin script;
- later issued a second script;
- made no clinical records of either prescription;
- knew Patient A’s mother intended to inject the insulin; and
- knew the administration could be fatal.
In early 2022, the mother injected the child with the insulin. Patient A survived after hospitalisation. The mother was later convicted of endangering the child’s life.
The GP was charged with Attempt to Unlawfully Kill, pleaded guilty, and was sentenced to five-and-a-half years’ imprisonment, a sentence upheld on appeal: Austin v State of Western Australia [2023] WASCA 191.
Who is Dr Austin?
The Respondent was a general practitioner practising in Western Australia. His criminal conviction triggered disciplinary proceedings under the Health Practitioner Regulation National Law (WA). The Tribunal found the conduct grossly inconsistent with the duties of a medical practitioner, particularly regarding:
- prescribing without clinical justification;
- deleting medical records;
- attempting to conceal prescriptions;
- breaching professional boundaries, including paying for accommodation for Patient A’s mother; and
- failing to notify hospital clinicians of critical information about the insulin exposure.
What Did the Tribunal Find?
The Tribunal found that the Respondent had engaged in professional misconduct under s 196 of the National Law, noting:
- deliberate, repeated prescribing of a drug he knew the mother intended to use to harm her child;
- active concealment of records;
- conduct posing an extreme and life-threatening risk; and
- a criminal conviction for Attempt to Unlawfully Kill.
What Orders Were Made?
On 7 October 2025, the Tribunal:
- Reprimanded the Respondent;
- Cancelled his registration;
- Disqualified him from reapplying for 20 years;
- Prohibited him from providing any health service;
- Prohibited him from using the title “Doctor”; and
- Ordered him to pay $3,000 in costs.
This is one of the longest professional disqualifications ever imposed on a qualified Australian medical practitioner.
What Can Affected Patients and Families Do?
Patients harmed by medical misconduct may have several avenues to compensation, including:
Victims of Crime Compensation
Where conduct amounts to a criminal offence (such as gross negligence, assault or intentional harm), victims may obtain financial assistance and counselling.
Civil Claims for Damages
Families may pursue a medical negligence or intentional tort claims for:
- pain and suffering;
- loss of income;
- care and support needs;
- treatment costs; and
- psychological injury.
Each case depends on its own circumstances and expert evidence.
Steps in Making a Claim
- 1. Contact Us
We offer an obligation-free consultation to review your concerns confidentially.
- 2. Investigation
If your claim has merit, we obtain and review medical and police records before advising further.
- 3. Court Proceedings
If a claim is viable, we act on your behalf through the litigation process until resolution.
Are There Time Limits?
Yes. Most claims must be brought within three years of discovering an injury. Extensions can apply in some circumstances. early advice is essential.
How We Can Help
At the Law Office of Conrad Curry, we act for patients and families affected by medical negligence and serious professional misconduct. If you or your child has been harmed by a doctor’s actions, we can advise you on your rights and the next steps.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.