Re the Medical Practice Act 1992 and Dr Michael Ivan Davis. [2002] NSWMT 6

New South Wales Medical Tribunal

CITATION : Re the Medical Practice Act 1992 and Dr Michael Ivan Davis. [2002] NSWMT 6 TRIBUNAL : Medical Tribunal PARTIES : DR. MICHAEL IVAN DAVIS FILE NUMBER(S) : 40013 of 2002 CORAM: Solomon DCJ - Ilbery, Dr K - Pasfield, Dr M - Gray, Ms A CATCHWORDS: LEGISLATION CITED: CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 6 September 2002

JUDGMENT: SUPPRESSION ORDER PURSUANT TO CLAUSE 6 OF SCHEDULE 2 OF THE MEDICAL PRACTICE ACT, 1992.

FILE NO: 40013 OF 2000 RESPONDENT: DR. MICHAEL IVAN DAVIS DECISION DATE: 6 SEPTEMBER 2002

THE TRIBUNAL ORDERS THERE BE NO PUBLICATION OF THE NAMES OF PATIENTS A AND B OR ANY MATERIAL CAPABLE OF IDENTIYING THEM.

IN THE MEDICAL TRIBUNAL OF NEW SOUTH WALES. THE MEDICAL PRACTICE ACT, 1992.

DEPUTY CHAIRPERSON: HIS HONOUR JUDGE R.H. SOLOMON

MEMBERS: DR. KATHERINE ILBERY DR. MICHAEL PASFIELD MS. ANNETTE FRANCES GRAY

NO. 40013 OF 2000

DR. MICHAEL IVAN DAVIS

REASONS FOR DETERMINATION DATED 6 SEPTEMBER 2002

This is an enquiry into two Complaints by the Commissioner of the Health Care Complaints Commission ("the Complainant") against Dr. Michael Ivan Davis ("the Respondent").

The first Complaint is that the Respondent suffers from an impairment within the meaning of clause 3 of the dictionary of the Medical Practice Act ("the Act") in that:

1. The practitioner suffers from a physical or mental disorder, namely addiction to a deleterious drug, which detrimentally affects or is likely to detrimentally affect his physical or mental capacity to practise medicine.

The second Complaint is that the Respondent has been guilty of professional misconduct and/or unsatisfactory professional conduct within the meaning of section 36 and 37 of the Act, in that the Respondent:

1. Has demonstrated a lack of adequate knowledge, skill, judgment and/or care in the practice of medicine; and/or 2. Has been guilty of improper and unethical conduct related to the practice of medicine.