In Re Dr Roger Steven Jones and the Medical Practice Act [2005] NSWMT 9

New South Wales Medical Tribunal

CITATION : In Re Dr Roger Steven Jones and the Medical Practice Act [2005] NSWMT 9 TRIBUNAL: Medical Tribunal PARTIES : FILE NUMBER(S) : 40010 of 2003 CORAM: Solomon, DCJ - Diamond, Dr M - Edwards, Dr L - Houen, Ms J CATCHWORDS: Professional Misconduct LEGISLATION CITED: Medical Practice Act 1992 Wentworth v Rogers (No.3) (1986) 6 NSWLR 643; Briginshaw v Briginshaw (1938) 60 CLR 336; In Re Dr Maxwell Thomas (unreported, Medical Tribunal 25.09.1998); CASES CITED: In Re Dr Prasad Baday (unreported, Medical Tribunal, 06.06.1996); Rejfek v McElroy (1965) 112 CLR 517; Bannister v Walton (1993) 30 NSWLR 699; Richter v Walton (unreported, Court of Appeal, 15.07.1993) DATES OF HEARING: DATE OF JUDGMENT: 1 June 2005 ORDERS: 1. The Tribunal finds the offence proved.; 2. That the practitioner not be re-registered.; 3. The practitioner is not permitted to amake application for registration for a period of five years.

JUDGMENT:

40022/01 MEDICAL TRIBUNAL OF NEW SOUTH WALES IN RE DR ROGER STEVEN JONES AND THE MEDICAL PRACTICE ACT 1992 Pursuant to Clause 6 of Schedule 2 to the Medical Practice Act 1992 the Tribunal has made a Non Publication Order in respect of Patient A and Patient B and any other witness, the naming of whom might lead to the identification of Patient A or Patient B.

The Complaint

1.The Health Care Complaints Commission ("the Commission") complains in its amended complaint ("the complaint") dated 23 March 2003 that Dr. Roger Steven Jones ("the practitioner") has been guilty of unsatisfactory professional conduct and/or professional misconduct within the meaning of s.36 and s.37 of the Medical Practice Act, 1992 ("the Act").