DR ALAN CAMPBELL McLEAY AND THE MEDICAL PRACTICE ACT OF NEW SOUTH WALES [2001] NSWMT 4

DR ALAN CAMPBELL McLEAY AND THE MEDICAL PRACTICE ACT OF NEW SOUTH WALES [2001] NSWMT 4

The Tribunal was comfortably satisfied that the practitioner breached registration conditions by consuming alcohol, including before 1 February 2001 to a hazardous level, by failing to comply with blood testing requirements and by concealing material matters from the Board and relevant practitioners. His high range PCA conviction and failures to disclose and truthful reporting were established. His ingestion of alcohol, concealment and denial, and actions thwarting the Board's monitoring program demonstrated lack of judgment and dishonesty amounting to professional misconduct; suspension for three months and costs were appropriate.

Jurisdiction
Australia
Judgment Date
28 June 2001
Procedural Posture
Complaint Against a Registered Medical Practitioner Under the Medical Practice Act of New South Wales Alleging Unsatisfactory Professional Conduct And/or Professional Misconduct, and Conviction of an Offence in New South Wales. / Reasons for Determination and Orders After Hearing Before the Medical Tribunal.
Outcome
Complaints established; the practitioner's conduct constituted professional misconduct; practitioner suspended for three months and ordered to pay the complainant's costs.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'impaired Registrants' 'alcohol Dependence' 'breach of Registration Conditions' 'high Range PCA Conviction' 'standard of Proof in Disciplinary Proceedings']
['health Law' 'professional Discipline' 'medical Practitioner Regulation'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'impaired Registrants' 'alcohol Dependence' 'breach of Registration Conditions' 'high Range PCA Conviction' 'standard of Proof in Disciplinary Proceedings']

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Procedural Posture

Complaint Against a Registered Medical Practitioner Under the Medical Practice Act of New South Wales Alleging Unsatisfactory Professional Conduct And/or Professional Misconduct, and Conviction of an Offence in New South Wales. / Reasons for Determination and Orders After Hearing Before the Medical Tribunal.

Legal Issues

  1. 1 ['Whether the practitioner contravened conditions imposed by a Professional Standards Committee, including abstaining from alcohol, complying with blood testing protocols, forwarding test results, and attending AA meetings.' "Whether the practitioner's conviction for Drive with High Range PCA in New South Wales was established." 'Whether the practitioner failed to inform the Board-nominated practitioner, treating psychiatrist, and Medical Board reviewers of the charge and conviction, and falsely stated that he had not consumed alcohol for two years.' 'Whether the established conduct amounted to unsatisfactory professional conduct or professional misconduct.' 'What protective or disciplinary orders were appropriate.']

Ratio Decidendi

The Tribunal was comfortably satisfied that the practitioner breached registration conditions by consuming alcohol, including before 1 February 2001 to a hazardous level, by failing to comply with blood testing requirements and by concealing material matters from the Board and relevant practitioners. His high range PCA conviction and failures to disclose and truthful reporting were established. His ingestion of alcohol, concealment and denial, and actions thwarting the Board's monitoring program demonstrated lack of judgment and dishonesty amounting to professional misconduct; suspension for three months and costs were appropriate.

Court Disposition

Complaints established; the practitioner's conduct constituted professional misconduct; practitioner suspended for three months and ordered to pay the complainant's costs.

Orders

  • ['The practitioner is suspended for a period of three (3) months.' "The practitioner is to pay the complainant's costs of and incidental to this application."]