Mandatory reporting risk after court ruling

The extent of the legal minefield presented by the controversial law became apparent late last month when the NSW Court of Appeal ruled a Sydney psychiatrist was free to sue her colleague for defamation because of his complaint to the authorities.

The matter of Dr Yolande Lucire vs Dr Julian Parmegiani has been running since before mandatory reporting started in July 2010 – and stems from a complaint to the NSW Medical Board (NSWMB), not the MBA – but medico-legal experts are watching it closely for signs of how much the new law exposes doctors to flow-on litigation.

The matter concerns a letter that

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