Steven Yung v Anthony Adams [1997] FCA 1400 (11 December 1997)
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pathology and radiology referrals; ancillary services and arrangements; referrals to consultants; absences from the practice, ie holidays; and your understanding of your responsibilities under the Vocational Registration programme. The committee will also seek your consideration of: the referral; the opinion expressed in the referral by the HIC's consultant, Dr J Gordon; and the visits and reports from HIC Medical Advisers. The committee would wish to examine the practice records, in particular, those referred to in Schedule 1 of the Notice of Hearing." This information simply indicated what the Committee proposed to do. It did not direct the attention of Dr Yung to any specific issue or issues and it would not have assisted him to understand the matters to which he should respond. The Committee examined Dr Yung and Dr Gooley and some records of Dr Yung's practice. However, the Committee did not at any time formulate in writing issues or charges to which Dr Yung should respond. Nor did the Committee engage in statistical sampling in accordance with the provisions set out in ss 106G to 106K of the Act. The members of the Committee asked questions of Dr Yung on a range of topics. The Chairman identified particular records to which attention should be given including the records of 29 November 1994, which the Committee had earlier selected after discussions with Dr Yung and which were produced by Dr Gooley. On the last day of the hearing, Ms Selvidge who was assisting the Committee, said: "For the purpose of the record I will reiterate the receipt of the additional clinical records for services provided by Dr Yung on 29 November 1994, as provided by Dr Gooley. In advance of the hearing, from the records provided at the previous hearing on 4 July, we had eight of those records and we retained those and they were of Rachel Buckley, Michael Burzese, Charles Carpenter, Andrew Faul, Oi-Wa Ngou, Charles Perryman, Peter Retallack and Lynette Sheldon. The remainder were tendered this morning at the hearing while Dr Yung was present and they have been added into exhibit 6. For the record we will call it exhibit 6A. That identifies them." At the conclusion of the hearing shortly thereafter, the Chairman of the Committee informed Dr Yung that, if he wished to put in a report from an expert dealing with the records he could do so within 14 days, but that it was unlikely that the Committee would meet again with Dr Yung. The matters to which the expert was to direct his or her attention were not formulated by the Committee. The essence of Dr Yung's evidence was that he was quite satisfied with the quality of care he had provided and that: "I believe myself [to have] provided an appropriate level of clinical input and my standard of care has been consistent and has been appropriate and the outcome of my patients has been up to standard." Dr Gooley gave this evidence:
mhtml:file://R:\Health and Life\PSR Video docs\0.Statistical prosecution Steven Yung ... 5/09/2012