Re Dr Richard Wingate [2007] NSWMT 2

New South Wales Medical Tribunal

CITATION : Re Dr Richard Wingate [2007] NSWMT 2 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission Dr Richard Wingate FILE NUMBER(S) : 40001 of 2006 CORAM: Rein, SC DCJ - Giuffrida, Dr M - Ng, Dr J - Napier, Ms L CATCHWORDS: Medical practitioner found guilty of possession of child pornography as defined by and in breach of s 578B Crimes Act - whether circumstances of offence rendered practitioner unfit to practise medicine - whether not of good character - whether commission of offence was "professional misconduct" Child Protection (Prohibited Employment) Act 1998 Commission for Children and Young People Act 1998 Commission for Children and Young People Amendment Act 2005 LEGISLATION CITED: Crimes Act 1900, s 578B Crimes Act 1958 (Vic), s 70 Health Care Complaints Act 1993 Medical Practice Act 1992, ss 2A, 36, 37, 39, 64, 154 Medical Practice Act 1994 (Vic) A County Council v W (Disclosure) [1997] 1 FLR 574; A Solicitor v Council of the Law Society of NSW (2004) 216 CLR 253; [2004] HCA 1; Bannister v Walton (unreported, NSWCA, 30/04/92, BC9201911); Childs v Walton (unreported, NSWCA, 13/11/90, BC9001755); Collins v Medical Practitioners Board [2003] VCAT 1755; Council of Law Society of New South Wales v Foreman (No 2) (1994) 34 NSWLR 408; Dental Board of Queensland v Cullen [2006] QHPT 004; Dilworth v Stamps Commissioner [1899] AC 99; Ex parte Meehan; Re Medical Practitioners Act [1965] NSWR 30; Ex parte Tziniolis; Re Medical Practitioners Act [1967] 1 NSWR 357; Gayed v Walton (unreported, NSWCA, 31/7/1997, BC9708087); Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; Law Society of South Australia v Rodda (2002) 83 SASR 541; [2002] SASC 274; McBride v Walton (unreported, NSWCA, 15/7/94, BC9402907); Medical Board of Queensland v Fitzgerald (Queensland Health Practitioners Tribunal, 27/04/06); Myers v Elman [1940] AC 282; New South Wales Bar Association v Cummins (2001) 52 NSWLR 279; [2001] NSWCA 284; CASES CITED: New South Wales Bar Association v Hamman (1999) 217 ALR 553; [1999] NSWCA 404; Qidwai v Brown [1984] 1 NSWLR 100; R v Fellows [1997] 2 All ER 548; R v Stroempl (1995) 105 CCC (3d) 187; Re A Solicitor [1960] VR 617; Re Anthony York (Nurses Tribunal of NSW, 12/08/98); Re Davis (1947) 75 CLR 409; Re Dr Abraham Stephanopoulos [2006] MPBV 12; Re Dr Motum (Medical Tribunal NSW, 4013/99, 2/08/00); Re Dr Richard Byron Collins [2003] MPBV 10 ; Re James Benedict Anton Provan [2005] PRBD (Vic) 3; Re Mueller (Psychologists Tribunal of NSW, 6/09/05); Re Woolcock (NSW Medical Tribunal, 14/09/95); Reyes v Dental Board of South Australia (2002) 83 SASR 551; [2002] SASC 239; Robinson v Local Board of Barton-Eccles (1883) 8 App Cas 798; Roylance v General Medical Council (No 2) (1999) 47 BMLR 63; [2000] 1 AC 311; Roylance v The General Medical Council [1999] UKPC 16; Van Lan Ha v Pharmacy Board of Victoria [2002] VSC 322; BC200204549; Ziems v Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279 DATES OF HEARING: 20-23 November 2006 DATE OF JUDGMENT: 5 April 2007 LEGAL REPRESENTATIVES: G Farmer (HCCC) M Higgins (Dr Wingate) ORDERS: The Tribunal orders: (1) that Dr Wingate's practice be restricted in that he must not attend upon a person of less than 18 years of age without the presence of a nurse or other person approved by the Medical Board; (2) that Dr Wingate continue in treatment with a clinical psychologist or psychiatrist of his choosing at a frequency determined by the therapist and for Dr Wingate to consent for the therapist to notify the Board of termination of treatment. Such treatment is to continue until it is reviewed by the Board; (3) that Dr Wingate be reprimanded in respect of his downloading of pornographic images of children in the period 1998-2004; (4) that Dr Wingate be reprimanded for his failure to provide the Medical Board with accurate information concerning his sexual orientation and the nature of the offences which he committed; (5) that Dr Wingate pay the costs of the hearing.