New South Wales
Medical Tribunal
CITATION: In Re Dr Ian McHue [2007] NSWMT 11 revised - 20/12/2007 TRIBUNAL: Medical Tribunal PARTIES: Health Care Complaints Commission (HCCC)
Dr Ian McHueFILE NUMBER(S): 40007 of 2007 CORAM: Rein, SC DCJ - Warden, Dr J - Diamond, Dr M - Collier Ms A CATCHWORDS: Medical practitioner (GP Anaesthetist) with alcohol dependence - History of failure to comply with conditions on practice imposed by the Medical Board as a part of Impaired Registrants' Program - Attended at hospital while under the influence of alcohol - Misleading statements made to the Board appointed psychiatrist and Tribunal about use of alcohol - Unsatisfactory professional conduct - Professional misconduct - Practitioner removed from the register of medical practitioners LEGISLATION CITED: Medical Practice Act 1992 (NSW) CASES CITED: Re Dr Than Le NSW Medical Tribunal 20 September 2001;
Prakash v HCCC [2006] NSWCA 153;
Law Society of NSW v McNamara (1980) 47 NSWLR 72;
Smith v NSW Bar Association (1992) 176 CLR 256;
Wanigaratme v Health Care Complaints Commission [2000] NSWCA 204;
HCCC v Litchfield [1977] 41 NSWLR 630 ;
Gayed v Walton unreported NSWCA 31/7/1997 BC97080;
Bannister v Walton (unreported NSWCA 30/04/1992 BC9201911) ;
In re Zaidi [2006] NSWMT 6 ;
HCCC v Karalasingham NSWCA 267;
A Solicitor v Council of the NSW Law Society 216 CLR 253 ;
Prothonotary v P [2007] NSWCA 320;
Ex parte Lenehan (1948) 77 CLR 403;
Prothonotary v Ritchard (BC8701242, NSWCA 31 July 1987);
NSW Bar Association v Maddocks (NSWCA 23 August 1998);
Gad v HCCC (2002) NSWCA 111 ;
NSW Bar Association v Meakes [2006] NSWCA 340DATES OF HEARING: 7, 8, 9 November 2007 DATE OF JUDGMENT: 14 December 2007 LEGAL REPRESENTATIVES: Mr G Farmer (HCCC)
Mr D Ronzani (Dr McHue)ORDERS: 1. Dr McHue's name be removed forthwith from the Register of Medical Practitioners; 2. Dr McHue not be permitted to apply for review of Order 1 for a period of two years from date of decision; 3. Dr McHue to pay the HCCC's costs of the proceedings
JUDGMENT:
ORDERS
The Tribunal orders:
1 Dr McHue’s name be removed forthwith from the Register of Medical Practitioners;
2 Dr McHue not be permitted to apply for review of Order 1 for a period of 2 years from today;
3 Dr McHue pay the HCCC’s costs of the proceedings.
REASONS
1 These proceedings concern a complaint brought by the Health Care Complaints Commission (“the HCCC”) against a registered medical practitioner, Dr. Ian McHue (“Dr McHue”). The complaint is that Dr McHue has been guilty of unsatisfactory professional conduct within the meaning of s.36 of the Medical Practice Act 1992 (“the Act”) and/or professional misconduct within the meaning of s.37 of the Act. Mr G Farmer of Counsel appears for the HCCC and Mr D Ronzani of Counsel appears for Dr McHue.
2 S.36 is relevantly in the following terms:
“Meaning of ‘unsatisfactory professional conduct’”
- (1) For the purposes of this Act, "unsatisfactory professional conduct"
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Details
- AGLC
- In Re Dr Ian McHue [2007] NSWMT 11
- Case
- [2007] NSWMT 11
- Decision Date
CaseChat Overview and Summary
The case of In Re Dr Ian McHue involved a medical practitioner, Dr McHue, who was a general practitioner and anaesthetist with a history of alcohol dependence. The Health Care Complaints Commission brought proceedings against Dr McHue before the NSW Civil and Administrative Tribunal, alleging that his conduct constituted unsatisfactory professional conduct and professional misconduct. The core dispute centred around Dr McHue's repeated failures to comply with conditions imposed by the Medical Board as part of the Impaired Registrants' Program, including attending a hospital while under the influence of alcohol and making misleading statements to the Board-appointed psychiatrist and the Tribunal regarding his alcohol use.
The legal issues before the Tribunal were whether Dr McHue's actions constituted unsatisfactory professional conduct and professional misconduct under the Health Practitioner Regulation National Law (NSW). Specifically, the Tribunal had to consider the nature and extent of Dr McHue's alcohol dependence, his history of non-compliance with the conditions set by the Medical Board, and the impact of his actions on his fitness to practice medicine. The Tribunal also needed to determine whether the allegations of misleading statements to the psychiatrist and the Tribunal were substantiated and whether these actions warranted disciplinary action.
The Tribunal found that Dr McHue's conduct did indeed constitute unsatisfactory professional conduct and professional misconduct. It was determined that Dr McHue's alcohol dependence and his repeated failures to adhere to the conditions imposed by the Medical Board demonstrated a lack of fitness to practice medicine. The Tribunal found that Dr McHue had attended a hospital while under the influence of alcohol and had made misleading statements to the psychiatrist and the Tribunal, further exacerbating his unsuitability to practice. Given the seriousness of Dr McHue's conduct, the Tribunal concluded that it was appropriate to remove his name from the Register of Medical Practitioners. Additionally, Dr McHue was prohibited from applying for a review of this decision for two years and was ordered to pay the HCCC's costs of the proceedings.
The legal issues before the Tribunal were whether Dr McHue's actions constituted unsatisfactory professional conduct and professional misconduct under the Health Practitioner Regulation National Law (NSW). Specifically, the Tribunal had to consider the nature and extent of Dr McHue's alcohol dependence, his history of non-compliance with the conditions set by the Medical Board, and the impact of his actions on his fitness to practice medicine. The Tribunal also needed to determine whether the allegations of misleading statements to the psychiatrist and the Tribunal were substantiated and whether these actions warranted disciplinary action.
The Tribunal found that Dr McHue's conduct did indeed constitute unsatisfactory professional conduct and professional misconduct. It was determined that Dr McHue's alcohol dependence and his repeated failures to adhere to the conditions imposed by the Medical Board demonstrated a lack of fitness to practice medicine. The Tribunal found that Dr McHue had attended a hospital while under the influence of alcohol and had made misleading statements to the psychiatrist and the Tribunal, further exacerbating his unsuitability to practice. Given the seriousness of Dr McHue's conduct, the Tribunal concluded that it was appropriate to remove his name from the Register of Medical Practitioners. Additionally, Dr McHue was prohibited from applying for a review of this decision for two years and was ordered to pay the HCCC's costs of the proceedings.
Orders
Orders of the court
1. Dr McHue's name be removed forthwith from the Register of Medical Practitioners; 2. Dr McHue not be permitted to apply for review of Order 1 for a period of two years from date of decision; 3. Dr McHue to pay the HCCC's costs of the proceedings
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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