In Re Dr Ian McHue [2007] NSWMT 11

In Re Dr Ian McHue [2007] NSWMT 11

Dr McHue's admitted conduct, including attending hospital while intoxicated after conditions had been imposed, repeated breaches of abstinence, testing and review conditions over years, and dishonest statements to Dr Fisher and the Tribunal, constituted professional misconduct. Because public protection required complete abstinence from alcohol, and because his history, continuing drinking, lack of candour, failure to engage in treatment and unwillingness or inability to comply with conditions meant further restrictions or suspension would not sufficiently protect the public, removal from the Register was warranted.

Jurisdiction
Australia
Judgment Date
14 December 2007
Procedural Posture
Disciplinary Complaint Against Registered Medical Practitioner / Final Hearing and Orders
Outcome
Complaint established; practitioner removed from the Register of Medical Practitioners with a two-year restriction on applying for review and ordered to pay costs.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'conditions on Medical Registration' 'alcohol Dependence' 'impaired Registrants' 'removal From Register of Medical Practitioners']
['health Practitioner Regulation' 'professional Discipline'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'conditions on Medical Registration' 'alcohol Dependence' 'impaired Registrants' 'removal From Register of Medical Practitioners']

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Procedural Posture

Disciplinary Complaint Against Registered Medical Practitioner / Final Hearing and Orders

Legal Issues

  1. 1 ["Whether Dr McHue's admitted breaches of conditions on his registration and attendance at hospital while intoxicated constituted unsatisfactory professional conduct and/or professional misconduct under the Medical Practice Act 1992 (NSW)." "Whether Dr McHue's misleading statements to the Board-appointed psychiatrist and the Tribunal about alcohol consumption amounted to professional misconduct." 'Whether public protection required removal from the Register of Medical Practitioners rather than suspension or further conditions.']

Ratio Decidendi

Dr McHue's admitted conduct, including attending hospital while intoxicated after conditions had been imposed, repeated breaches of abstinence, testing and review conditions over years, and dishonest statements to Dr Fisher and the Tribunal, constituted professional misconduct. Because public protection required complete abstinence from alcohol, and because his history, continuing drinking, lack of candour, failure to engage in treatment and unwillingness or inability to comply with conditions meant further restrictions or suspension would not sufficiently protect the public, removal from the Register was warranted.

Court Disposition

Complaint established; practitioner removed from the Register of Medical Practitioners with a two-year restriction on applying for review and ordered to pay costs.

Orders

  • ["Dr McHue's name be removed forthwith from the Register of Medical Practitioners." 'Dr McHue not be permitted to apply for review of Order 1 for a period of 2 years from today.' "Dr McHue pay the HCCC's costs of the proceedings."]