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

New South Wales Medical Tribunal

CITATION : DR ALAN CAMPBELL McLEAY AND THE MEDICAL PRACTICE ACT OF NEW SOUTH WALES [2001] NSWMT 4 TRIBUNAL : Medical Tribunal PARTIES : DR ALAN CAMPBELL McLEAY AND THE MEDICAL PRACTICE ACT OF NEW SOUTH WALES FILE NUMBER(S) : 40016 of 2000 CORAM: Freeman, DCJ - Tucker, Dr, P - McInerney, Dr, P - Berglund, Dr, C CATCHWORDS: LEGISLATION CITED: MEDICAL PRACTICE ACT OF NEW SOUTH WALES CASES CITED: DATES OF HEARING: 14 May 2001 DATE OF JUDGMENT: 28 June 2001

JUDGMENT: REASONS FOR DETERMINATION AND ORDERS

On 14 May 2001 the Tribunal commenced hearing a complaint brought by the Health Care Complaints Commission ("the complainant") against Dr Alan Campbell McLeay ("the practitioner"). The terms of the complaint, as amended from an earlier form, were, at the commencement of the hearing as follows:- DR ALAN CAMPBELL McLEAY, OF 38a Angus Avenue, Kandos, NSW 2848, ("the practitioner") being a medical practitioner registered under the Act:

COMPLAINT ONE is guilty of unsatisfactory professional conduct and/or professional misconduct within the meaning of section 36 and 37 of the Act in that the practitioner contravened conditions imposed by a Professional Standards Committee convened on 29 January 1997, and subsequently varied on 7 July 1999.

PARTICULARS 1. Failed to abstain from the use of alcohol on 6 March 1999 2. Failed to comply with condition 5 in that he failed to comply with Board Protocol for carbohydrate deficient transferrin and the collection of blood samples in that he: a. Failed to have blood drawn on the first Monday of each month b. Failed to have the blood collected under direct supervision c. Failed to have forwarded to the Medical Board nominated practitioner, Dr Harding Burns, each test result. 3. Failed to attend meetings of a local AA group between January 1997 and 7 July 1999.