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ALBURY surgeon Roland von Marburg has appealed against a ban that keeps him from operating.
The Medical Council of NSW yesterday said it was understood Dr von Marburg’s appeal would be heard by the NSW Civil and Administrative Tribunal.
It is not known how long it will take for the tribunal to hear the matter and hand down a decision.
The order banning Dr von Marburg from performing surgery took effect on March 27.
The council said the appeal process had no impact on the continuation of the ban on him performing “any surgical procedure in any setting, including the practitioner’s rooms or hospital”.
Dr von Marburg, an ear, nose and throat surgeon, immediately made it clear he would appeal against the ban, a process he expected to take “a few weeks”.
“It’s not a deregistration or anything like that,” he has said.
“It is purely a temporary suspension on the surgical side of things. I’m still allowed to consult and all the rest of it.”
A council spokeswoman yesterday said the surgery ban was imposed by the council under section 150 of the Health Practitioner Regulation National Law.
“Dr von Marburg also remains subject to conditions imposed by the Medical Council on May 8, 2012,” she said. In that case, the NSW Medical Tribunal prohibited Dr von Marburg prescribing or administering drugs of addiction.
It found Mr von Marburg guilty of self-medicating with pethidine, having falsified medical records of patients.
The council spokeswoman said there was nothing unusual in Dr von Marburg’s decision to appeal to the NSW Civil and Administrative Tribunal.
“Medical practitioners have the right to appeal the Medical Council’s decisions in relation to Section 150 proceedings, or to seek a review at any time,” she said.
“Section 150 proceedings enable the Medical Council to take interim action to suspend or place conditions on a practitioner where it is appropriate for the protection of the health or safety of any person or it is otherwise in the public interest.
“This is done pending the outcome of other formal inquiries or investigations by the Health Care Complaints Commission or the Medical Council.”
