In a profound judicial decision, the High Court has ruled against the actions taken by the Registrar and CEO of the Fiji Medical and Dental Secretariat concerning indemnity insurance requirements for dental practitioners. Justice Deepthi Amaratunga found that the Registrar did not possess the legal authority to mandate individual indemnity insurance, specifically affecting the case of Dr. Vikash Singh, a prominent dentist. Dr. Singh had faced accusations of practicing without a valid license due to these insurance requirements, prompting him to seek judicial review.
The complaint against Dr. Singh, initially filed in 2018, was quashed as Justice Amaratunga issued a prohibition order, preventing further proceedings by the Fiji Medical and Dental Professional Conduct Tribunal. The judgment clarified that the authority to determine insurance requirements lies solely with the Fiji Dental Council (FDC) under the Medical and Dental Practitioner Act 2010, not with the Registrar. The judge noted a lack of evidence for deliberation or decision-making by the FDC on this issue.
Dr. Singh, who has been leading the Fiji Dental Association since 2010, was covered by a recognized group insurance scheme. However, in 2016, the Registrar had begun requiring individual insurance certificates without conducting appropriate consultations or modifying existing policies. This shift was deemed procedurally flawed, lacking transparency, and contrary to natural justice according to the court’s findings.
Ultimately, Justice Amaratunga recognized Dr. Singh’s valid coverage under group insurance as well as his appropriate payment of licensing fees, concluding that he was unjustly denied a license to practice. This ruling underscores the importance of adhering to legislative mandates and maintaining transparency and fairness in regulatory practices. The decision sheds light on the necessity of proper policy-making processes and could pave the way for reinforcing trust and accountability within the medical regulatory framework in Fiji. The case aligns with broader themes in healthcare, emphasizing the legal integrity and protection of professionals against unwarranted bureaucratic overreach.
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