Gerald Lynch
A Sunshine North doctor’s bid to have misconduct proceedings against him thrown out has had his case dismissed by the Victorian Civil and Administrative Tribunal (VCAT).
Dr Mark Hobart was referred to the Australian Health Practitioner Regulation Agency (AHPRA) in November 2021 over allegations he had issued fake covid vaccine exemptions.
Following investigations by the Medical Board of Australia, Dr Hobart’s registration was suspended that same year.
The board alleged Dr Hobart issued about 600 vaccine and face mask exemptions to patients, and that there were inadequacies in his clinical records for specified patients and failure to retain records as required.
The board also alleged Dr Hobart provided inappropriate medical care to persons with whom he was in a close personal relationship, as well as a prescription for Ivermectin, an antiparasitic drug that is not approved in Australia.
Dr Hobart denied any wrongdoing and claimed the vaccination exemptions he issued were appropriate as patients have free will to not undergo vaccinations.
He also stated there is no lawful basis to stop him from expressing his views on vaccinations as a doctor.
Tribunal senior member Elisabeth Wentworth denied Dr Hobart’s dismissal application and said his submissions oversimplified the board’s case against him.
“I have taken into account what Dr Hobart submitted were two main misconceptions underlying the board’s case,” she said.
“However, they represent an over-simplification of the board’s case, as pleaded, in respect of what he did or did not tell patients, and what he failed to do in respect of the vaccine exemptions he issued.
“They do not, in any event, deal with the range of allegations made here, and they do not support a conclusion that the proceeding itself is misconceived.
“The allegations made by the board, yet to be proved, are very serious and concern a broad range of conduct and responsibilities.”
It is expected a three-day hearing will take place next year, where the matter will be decided.
