Re Dr Anthony Yan FONG [2007] NSWMT 5

New South Wales Medical Tribunal

CITATION : Re Dr Anthony Yan FONG [2007] NSWMT 5 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission Dr Anthony Yan Fong FILE NUMBER(S) : 40018 of 2006 CORAM: Freeman, DCJ - Ng, Dr J - Messner, Dr S - Ettinger, Ms G CATCHWORDS: General Practitioner reprimanded - Inappropriate actions in home of patient LEGISLATION CITED: Medical Practice Act 1992 (NSW) ss. 36 and 37; 61(1)(b), 61(1)(c); 61(1)d Medical practice Regulation 1998, 2002 (NSW) Briginshaw v Briginshaw (1938) 60 CLR 336; CASES CITED: Rejjek v McElroy (1965) 112 CLR 517; Richter v Walton (unreported) NSWCA 15/9/1993; HCCC v Litchfield (1997) 41 NSWLR 630 DATES OF HEARING: 17/4/2007-18/4/2007 DATE OF JUDGMENT: 29 May 2007 LEGAL REPRESENTATIVES: G Farmer of Counsel (HCCC) V Hartstein of Counsel (Respondent) ORDERS: Paragraphs 37 and 38.

JUDGMENT:

JUDGMENT

THE TRIBUNAL ORDERS THAT THE NAME OF THE PATIENT OR ANY MATERIAL CAPABLE OF IDENTIFYING THE PATIENT BE NOT PUBLISHED

1 The Tribunal has before it for enquiry a complaint by the Health Care Complaints Commission (HCCC) against Dr Anthony Yan Fong of Penrith, New South Wales ("the practitioner"). The complaint dated 31 May 2006 claims that Dr Fong "has been guilty of unsatisfactory professional conduct and/or professional misconduct within the meaning of sections 36 and 37 of the Medical Practice Act 1992 in that he has: 1.Demonstrated that the knowledge, skill or judgment possessed, or care exercised, by him in the practice of medicine is significantly below the standard expected of a practitioner of an equivalent level of training or experience; and/or 2. Engaged in improper or unethical conduct relating to the practice of medicine and/or 3.Contravened a provision of the Medical Practice Regulation.