In Re Dr Anthony Jebb [2007] NSWMT 7

New South Wales Medical Tribunal

CITATION : In Re Dr Anthony Jebb [2007] NSWMT 7 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission Dr Anthony Jebb FILE NUMBER(S) : 4001 of 2007 CORAM: Rein, SC DCJ - Child, Dr D - Zetler, Dr I - Berglund Dr C CATCHWORDS: Medical practitioner having inappropriate social and physical contact, and inappropriate discussion, with vulnerable patient - whether professional misconduct as opposed to unsatisfactory professional conduct LEGISLATION CITED: Medical Practice Act 1992 Bannister v Walton (unreported, NSWCA, 30/04/92, BC9201911); Gayed v Walton (unreported, NSWCA, 31/7/1997, BC9708087); Re Dr B v The Medical Practice Act (17 May 2007 unreported); CASES CITED: Re Dr Miliotis and the Medical Practice Act (No 40011 of 1959); Re Dr Richard Wingate [2007] NSWMT 2; Richter v Walton NSWCA 15 July 1993 (unreported); Sabag v Medical Tribunal [2001] NSWCA 411 DATES OF HEARING: 17, 19 September 2007 DATE OF JUDGMENT: G Furness LEGAL REPRESENTATIVES: J Crisp ORDERS: See [35].

JUDGMENT:

1 These proceedings concern a complaint brought by the Health Care Complaints Commission ("HCCC") against Dr Anthony Jebb ("Dr Jebb") a registered medical practitioner. The complaint is that Dr Jebb has been guilty of professional misconduct within the meaning of s.37 of the Act or unsatisfactory professional conduct within the meaning of s.36 of the Medical Practice Act 1992 ("the Act").