Philip Nitschke fails to overturn suspension from practising medicine
Voluntary euthanasia advocate Philip Nitschke has failed in his appeal to overturn his suspension from practising medicine, but has vowed to take the fight further.
Dr Nitschke was suspended in July last year after admitting in an ABC interview to supporting 45-year-old Perth man Nigel Brayley's decision to take his own life despite knowing he was not terminally ill.
Dr Nitschke appealed against that decision at a three-day hearing in Darwin in November last year.
The Northern Territory Health Professional Review Tribunal has now decided Dr Nitschke's suspension from practising medicine should continue.
Dr Nitschke said "significant errors in law" have been made and he is asking the Supreme Court to review the tribunal's decision.
Mr Brayley died in May last year after taking the euthanasia drug Nembutal, which he illegally imported.
In emails obtained by the ABC, Mr Brayley admitted to Dr Nitschke he was not "supporting a terminal medical illness", but said he was "suffering".
Dr Nitschke has been accused of moving into uncharted territory by agreeing to assist Mr Brayley despite knowing he was not terminally ill.
Suspension necessary to protect public: tribunal
The tribunal said the Medical Board of Australia's decision to take immediate action and suspend Dr Nitschke was necessary "to protect public health or safety".
In its decision, the tribunal said "it is necessary to take immediate action to ensure that the interaction either through the media or in person is not accompanied by the serious risks associated with Dr Nitschke conducting those activities as a registered medical practitioner".
Dr Nitschke said he was "disappointed" with the decision.
"(We) have seen fit to launch our review of that decision in the Supreme Court," Dr Nitschke said.
"In some ways it seems clear that there have been significant errors in law made.
"There was evidence that there was no doctor-patient relationship and there was also evidence that there was no obligation on me to provide any particular care for Nigel Brayley.
"These are clear errors in law which need to be reviewed and that's of course why we're appealing to the Supreme Court."
The Medical Board said it respected the tribunal's decision and Dr Nitschke's registration remained suspended.
The board has also accused Dr Nitschke of professional misconduct, which will be heard by the tribunal this year.
The Medical Board has referred Dr Nitschke to the tribunal on 12 counts, including "the most serious unprofessional conduct".
