Doctor has registration cancelled for dishonest behaviour, breaching registration conditions

18 Jul 2024

A Victorian doctor has been reprimanded and had his registration cancelled for misleading colleagues, breaching his registration conditions, and leaving his patients potentially without access to their medications after closing his medical clinic.

The Medical Board of Australia (the Board) referred Dr Godwin Mbachilin, who had been working in general practice, to the Victorian Civil and Administrative Tribunal (the tribunal) for professional misconduct, following notifications from a fellow doctor, a pharmacist and a patient. At the relevant times, Dr Mbachilin held limited registration, requiring he be supervised by another registered medical practitioner (registration conditions).

In 2017, Dr Mbachilin hired Dr C, an international medical graduate (IMG) with limited registration who required level 1 supervision to practise at Dr Mbachilin’s Whitebox Rise Medical Centre (Whitebox).

Prior to Dr C commencing work, Dr Mbachilin provided her with a completed and signed Supervised Practice Plan and a Supervisor’s Agreement. The named supervisors on the form were Dr J and Dr W.

When Dr C spoke to Dr J about transferring her supervision, Dr J indicated that she was not aware of any agreement to be Dr C’s supervisor and that she had never agreed to be Dr C’s supervisor. Dr Mbachilin had deceived or dishonestly induced Dr J and Dr W into signing a Supervised practice plan and Supervisor's agreement form in relation to Dr C.

As a result, on 13 December 2018, Dr J informed the Australian Health Practitioner Regulation Agency (Ahpra) and Dr Mbachilin in writing that she was terminating her agreement to supervise Dr Mbachilin. Dr J had been supervising Dr Mbachilin since he commenced practice in Australia.

Dr Mbachilin breached his registration conditions by continuing to practise without supervision, despite informing Ahpra that he had ceased practising as a medical practitioner in February 2019.

When Dr Mbachilin closed Whitebox in early April 2019, he failed to facilitate the transfer of treatment permits of his patients, leaving the patients at risk and potentially without access to their prescribed medication.

At a hearing on 19 April 2024, the tribunal found that Dr Mbachilin’s dishonest conduct and breach of registration conditions were inconsistent with the values of the medical profession and its Code of Conduct, and amounted to professional misconduct.

‘The conduct was dishonest and betrayed the trust of Dr J and Dr W, his colleagues ... It also betrayed the trust of, and exploited, Dr C, a vulnerable IMG,’ the tribunal stated.

Whilst Dr Mbachilin eventually admitted the conduct, he had previously maintained his position that Dr J and Dr W had agreed to supervise Dr C, which put the reputation of those practitioners at risk.

On 16 May 2024, the tribunal ordered that Dr Mbachilin:

• be reprimanded, and
• have his registration cancelled.

Read the tribunal's full decision on AustLII.