Charge

A panel of the Health Practitioner’s Disciplinary Tribunal (the Tribunal) convened on 16 February 2023 to hear a charge laid by a Professional Conduct Committee (PCC) appointed by the Medical Council of New Zealand against Dr White (the Practitioner).

In summary, the charge alleges:

1. The Practitioner has been convicted of criminal offences which, either separately or cumulatively, amount to professional misconduct,
2. the practitioner failed to declare relevant information when applying for an APC, amounting to professional misconduct,

These instances of misconduct, either separately or cumulatively, reflect adversely on the practitioner’s fitness to practise medicine.

The full charge is laid out in Schedule A of the published decision.

Background:

The practitioner graduated with a MB BS from the University of London in 1984 and gained his general registration in New Zealand in 1987. His registration was cancelled by the then Medical Practitioners Disciplinary Tribunal for unethical practise in 1999.

The Practitioner was provisionally re-registered with the Medical Council in 2005, and in 2008 re-obtained his general registration. The Practitioner began working as a GP in Collarenebrai, New South Wales, in 2018. He was still working in Collarenebrai when the agreed summary of facts was filed.

In June 2021, the Practitioner was convicted in the Hamilton District Court of assault, using a forged document, and obtaining by deception pursuant to the Crimes Act. The assault charge related to a domestic violence incident with his daughter. The forged document and fraud charges related to fraudulently obtaining a loan and filing false insurance claims. In 2021, the Practitioner was sentenced to four months of home detention.

The Medical Board of Australia (Australian Tribunal) brought a case against the Practitioner in 2018 on the basis of several patient complaints within their jurisdiction. The Australian Tribunal found the Practitioner’s behaviour constituted professional misconduct and ordered that he be reprimanded and have conditions imposed on his registration.

In 2018 and 2019 when the Practitioner applied to the Medical Council of New Zealand for an APC he failed to disclose the ongoing investigations of the Australian Tribunal and the charges laid against him by the NZ police.

Finding:

Medical practitioners must observe and maintain professional behavioural standards to maintain the standing of the profession. Practitioners cannot engage in offensive criminal activities or dishonestly conceal material information during an APC application process.

The Tribunal found the charge established. Both the practitioner’s convictions and failure to disclose material information during application for an APC amounted to professional misconduct, brought discredit to the practitioner’s profession, and reflect adversely on the practitioner’s fitness to practise.

Penalty:

The Tribunal ordered:

1. cancellation of registration
2. censure
3. conditions on the practitioner’s practice
4. Imposition of costs of $5,505.79 to the PCC and $5,505.79 to the Tribunal.

The Tribunal directed publication of the decision and a summary.