Dr Kevan Joseph Fleming [2002] NSWMT 5

New South Wales Medical Tribunal

CITATION : Dr Kevan Joseph Fleming [2002] NSWMT 5 TRIBUNAL : Medical Tribunal PARTIES : Dr Kevan Joseph Fleming v. Health Care Complaints Commission FILE NUMBER(S) : 4000 of 2002 CORAM: Patten DCJ at 1 CATCHWORDS: LEGISLATION CITED: CASES CITED: DATES OF HEARING: 16/7/02 DATE OF JUDGMENT: 16 July 2002

JUDGMENT: MEDICAL TRIBUNAL OF NEW SOUTH WALES MEDICAL PRACTICE ACT 1992

DEPUTY CHAIRPERSON: HIS HONOUR JUDGE PATTEN

16 July 2002

NO: 4000 of 02 – Dr Kevan Joseph Fleming

REASONS FOR DETERMINATION

This is an appeal pursuant to sec 88 of the Medical Practice Act (the Act), it being asserted by Dr K J Fleming, (the Appellant), that a Professional Standards Committee erred in law during the course of an inquiry conducted by it into a complaint concerning him. As required by sec 88 (3), the inquiry was adjourned pending disposal of the appeal. Before me, the Appellant was represented by Mr D Davies SC. Mr Lynch, who appeared for the Health Care Complaints Commission (HCCC) supported the appeal but Ms Eastman, for "the Respondent", argued the contrary position. The Respondent named in the Notice of Appeal was "Professional Standards Committee", but in reality I think Ms Eastman should be regarded as appearing for the NSW Medical Board (the Board).

For the most part, the relevant facts are not in dispute. Shortly, what occurred is that the Deputy Coroner, Ms Jan Stevenson, caused the clerk of the Westmead Coroners Court to refer to the Board, the question whether the actions of the Appellant, immediately prior to the death of a Mr Loftus, which the Coroner was investigating, amounted to unsatisfactory professional conduct.

The matter was referred by the Board to the HCCC pursuant to sec 50 (1) of the Act. The HCCC, in due course, formulated a formal complaint (the Complaint) against the Appellant and referred it to a Professional Standards Committee (the Committee) which was constituted for the purpose by Dr Katherine Ilbery (Chairperson), Ms Geri Ettinger and Dr John Woodforde.