GP suspended for falsely certifying forms to release patient’s superannuation 

Key messages from the case  

Doctors are often asked to complete documents for patients, including licence applications or other official forms. These include forms for compassionate release of superannuation.  

These are not mere administrative formalities. Signing these forms amounts to a legal declaration that the patient meets specific eligibility requirements. Before signing, you must be confident you understand the requirements, and satisfied they have all been met.  

Some forms require more than one doctor to be involved. However, even if another practitioner has signed a form, you must make your own independent assessment of whether the patient is eligible. 

Details of the decision 

The patient had a long-standing treating relationship with Dr P, a general practitioner, which included treatment for weight management.  Dr P referred the patient to a surgeon indicating the patient was concerned about fatty tissue around their midriff. After consulting with the surgeon, the patient decided to undergo liposuction.  

The patient wanted to access their superannuation for the procedure and asked Dr P to complete a form for early release of superannuation on compassionate grounds.  

Dr P completed the form, stating that the funds were required for bariatric surgery/liposuction to treat life-threatening obesity.  

The patient’s application for early release of superannuation was approved and she underwent liposuction surgery.  

Legislative requirements 

Australian federal law permits patients to access their superannuation funds for medical treatment for themselves or a dependant, if two registered medical practitioners certify that the treatment: 

     1.  is needed for:

• a life-threatening illness or injury 
• acute or chronic pain or  
• acute or chronic mental disturbance 

and 

     2.  is not readily available to the patient through the public health system. 

Documentation – completing certificates and official documentation 

 In disciplinary proceedings, the Medical Board alleged Dr P had made a false or misleading declaration and had provided information to a government department that they knew or ought to know was false or misleading.  

Dr P said they were concerned the patient’s weight could give rise to future health complications, and they considered the surgery would benefit the patient’s health. However, Dr P accepted they committed a serious error in certifying the patient needed the treatment for a life-threatening illness. 

Medical records 

Dr P's clinical notes documented that the patient had attended requesting completion of the form. However, there was no record of any discussion about the proposed treatment, its appropriateness, or whether the patient met the eligibility requirements for early release of superannuation. Nor was there any documentation of the patient's clinical symptoms or signs that might support the certification. 

The Medical Board argued that these deficiencies demonstrated a failure to meet the requirements to maintain adequate and appropriate medical records. 

Outcome 

The tribunal concluded Dr P’s conduct amounted to professional misconduct. 

It took into account that Dr P acknowledged their error, had proactively undertaken relevant education and made changes to their practice. 

The tribunal also noted that this was one of the first times Dr P had been asked to complete such a document. 

Dr P was reprimanded, their registration was suspended for three months, and they were ordered to complete education on ethical practice. 

Dr P was ordered to pay the Medical Board’s costs of $5,000. 

Key lessons 

You must fully understand any document or certificate before signing it. There can be significant professional, legal and regulatory consequences if you sign without fully understanding what you are certifying or if you make a false declaration. 

Since this case was decided, Ahpra has released a statement, Compassionate release of super, reminding practitioners of their professional obligations and the need to ensure a patient’s request meets the eligibility requirements for compassionate release of their superannuation. 

By signing the form or certificate you are making a legal declaration. Never sign until you are personally satisfied all the requirements have been met.  

You must discuss the document and its requirements with the patient, to make your own assessment of the patient and whether their circumstances satisfy the eligibility requirements. This applies even if another practitioner has signed the form. 

If you feel pressured by a patient or another practitioner, or if you are unsure about your obligations, seek advice from Avant. 

If you are confident the patient satisfies all requirements, document your discussion, examination and observations in the patient’s notes, to ensure you can support your decision. 

References and further reading 

Avant factsheet – Medical certificates: your responsibilities 

Australian Taxation Office – Compassionate grounds – Health practitioner information 

 Ahpra – Compassionate release of super