Medical Board of Australia v Speldewinde

The Medical Board of Australia has applied to the ACT Civil and Administrative Tribunal for orders to be made against Dr Geoffrey Charles Speldewinde, a medical practitioner registered in the ACT. The application is made under section 55 of the ACT Civil and Administrative Tribunal Act 2008, with the consent of the parties. The Board seeks orders finding the practitioner has behaved in a way that constitutes unsatisfactory professional performance and to reprimand him. The application arises from complaints made by two female patients of the practitioner. The complaints were investigated and a hearing was commenced before a performance and professional standards panel. The practitioner asked for the matter to be referred to the Tribunal and it was accordingly referred. The Tribunal is required to consider whether the practitioner's conduct constitutes unsatisfactory professional performance and, if so, what orders should be made.

The Tribunal considered whether the practitioner's conduct was such that it amounted to unsatisfactory professional performance. The Tribunal noted that the National Law requires the protection of the public by ensuring that only suitably trained and qualified health practitioners are registered. The Tribunal considered the evidence and submissions of the parties, including expert evidence from two other medical practitioners. The Tribunal found that the practitioner's conduct amounted to unsatisfactory professional performance because it fell below the standard of competence and care that a reasonable medical practitioner would have provided in the circumstances. The Tribunal also found that the practitioner's conduct was such that it warranted a reprimand.

The Tribunal made the orders that the practitioner has behaved in a way that constitutes unsatisfactory professional performance and that he be reprimanded in relation to his performance during consultations on 22 July 2010 and 10 February 2011. The Tribunal also ordered that the names of the patients in this matter be suppressed. The orders were made with the consent of the practitioner and the Board.