In Medical Board of Australia v Chu (Review and Regulation) [2024] VCAT 89 the Tribunal states
With the agreement of the respondent, the Tribunal finds as follows: Between 20 January 2018 and 18 October 2018, contrary to section 82(1) of the Crimes Act 1958 (Vic) (‘Crimes Act’), the respondent obtained financial advantage by deception by billing private health insurers in the amount of $24,005.75. Between on or about June 2016 and February 2018, the respondent improperly accessed, stored and used clinical records of patients at the Jesse McPherson Hospital without any therapeutic purpose and for the purpose of gaining financial advantage by deception. On or about 15 July 2019, the respondent responded untruthfully to the allegations raised by Monash Health concerning his billing of insurers for providing assistant surgery services which occurred from on or about 8 June 2016 and 4 February 2018. Between on or about 18 May 2020 and 25 May 2020, contrary to section 130(1) of the Health Practitioner National Law (Victoria) Act 2009 (Vic), the respondent failed to notify the applicant of a relevant event within seven (7) days, namely that he had been charged with an offence punishable by 12 months imprisonment or more. The conduct described in findings 1 to 4, when considered together, was professional misconduct within the meaning of the definition of professional misconduct in paragraphs (a) and (c) of section 5 of the Health Practitioner National Law (Victoria) Act 2009.
The consequent Orders are
Pursuant to the Health Practitioner National Law (Victoria) Act 2009 (‘National Law’), the Tribunal orders: Under section 196(2)(a) of the National Law, Dr Alex Po Tsun Chu is reprimanded. Under section 196(2)(d) of the National Law, Dr Alex Po Tsun Chu’s registration as a medical practitioner is suspended for a period of six months from the date of this order. Under section 196(2)(b) of the National Law, conditions be imposed on Dr Alex Po Tsun Chu’s registration as follows: Undertake education
(a) The Practitioner must undertake and successfully complete a program of education, approved by the Medical Board of Australia (Board) and including a reflective practice report, in relation: (1) the principles of ethical professional conduct, including in relation to: (A) billing practices with respect to third party providers including the Victorian Workcover Authority, the Transport Accident Commission and Medicare; and (B) the requirement for professional behaviour as required by s 8 of the Good Medical Practice: A Code of Conduct for Doctors in Australia, including the requirement to be honest and not misleading in preparing documentation as required by sub-s 8.8; (2) the consequences of unethical professional conduct, including in relation to unethical billing practices and the adverse impact on the reputation of the medical profession and patient trust. (a) The education must consist of a minimum number of six (6) hours completed over a six (6) month period.
(b) The Practitioner must complete the education within six (6) months of the notice of the Board’s approval of the education.
(c) Within 14 days of the notice of the imposition of these conditions, the Practitioner must, on the approved form (HPN11): (1) nominate a person(s) to be approved by the Board to act as educator; and (2) provide acknowledgement that Ahpra will obtain a report from the approved educator at the conclusion of the education.
(e) The Practitioner must ensure that the nomination of an educator is accompanied by acknowledgement, on the approved form (HPNA11), from the nominated educator and by an education plan outlining the form the education will take and how the topics of the education will be addressed.
(f) Within 30 days of the completion of the education, the Practitioner is to provide: (1) Evidence of successful completion of the education. (2) A report demonstrating, to the satisfaction of the Board, that the Practitioner has reflected on the issues that gave rise to this condition requiring they undertake education and how the Practitioner has incorporated the lessons learnt in the education into the Practitioner’s practice.
