31 July 2008

Minister releases First Report from Special Commission of Inquiry

NSW Minister for Health Reba Meagher today released the First Report* from the Special Commission of Inquiry into Acute Care Services in NSW Public Hospitals.

Ms Meagher said the NSW Government has accepted the 10 recommendations made by Commissioner Peter Garling.

"This First Report from Commissioner Peter Garling focuses on the circumstances surrounding the employment of former doctor Graeme Reeves by the former Southern Area Health Service and the policies and practices that were in place at that time," Ms Meagher said.

"Commissioner Garling recommended that the conduct of Mr Reeves in seeking and gaining employment as an obstetrician and gynaecologist be referred to the NSW Director of Public Prosecutions for consideration of criminal charges and that has now happened.

"Upon receiving the report from the Lieutenant Governor this morning, the Department of Premier and Cabinet referred the report, including this recommendation to the DPP."

Ms Meagher said the report found that Mr Reeves' "intentional and calculated dishonesty was the main reason he was recruited to a position that he was legally unable to fulfil".

The report found at p92:

• "Dr Reeves' dishonesty was the key reason he was recruited to a position he was legally unable to fulfil … His written application shows he produced enough information to suggest that he was an appropriate candidate and omitted key information that may have led to lines of inquiry about the true scope of his entitlement to practice medicine." (7.1)

Ms Meagher said Commissioner Garling reported that he was "not satisfied that at the time of Mr Reeves' appointment there was any comprehensive policy of the Department of Health, nor any official policy of the Southern Area Health Service, which contained all of the appropriate standards and processes to be applied in the appointment of visiting medical practitioners".

The report found:

• In 2002, there was a deficiency in the implementation by the Southern Area Health Service of the existing Department of Health policy regarding reference checking (7.33)
• It is clear to me that the failure to verify Dr Reeves' past performance and his claims in relation to employment history meant that his formal qualifications, experience and clinical competence were not adequately assessed (7.45)
• Prior to appointing Dr Reeves to a temporary appointment as specialist obstetrician/gynaecologist for the period 10-13 April 2002 … failed to obtain any referee report in relation to Dr Reeves in accordance with good practice and the procedures set out in the Southern Area Health Service policy (7.89)
• The formal qualifications, experience and clinical competence of Dr Reeves were not adequately assessed as a result of insufficient verifications about his past employment (7.91)

"Commissioner Garling recognised that significant changes have been made to recruitment and appointment policies since the appointment of Mr Reeves," Ms Meagher said.

"In May the NSW Parliament passed the Medical Practice Amendment Bill 2008 which gives NSW the strongest legislation in the country to protect patients against misconduct by doctors.

"In addition to the changes under the Medical Practice Amendment Bill 2008, the establishment of a Service Check Register for practitioners is being developed, which Commissioner Garling describes as a worthwhile tool that would have captured the information relating to Mr Reeves had it been in place in 2002.

"The changes we have already made, in conjunction with the recommendations from Commissioner Garling, will ensure the people of NSW can have confidence in our public health system."

Ms Meagher said that since Graeme Reeves' appointment, new recruitment and selection procedures have been put in place to strengthen the screening of applicants.

These new procedures include:

• mandatory cross-checking all applicants' details with the NSW Medical Board and the requirement for applicants to provide references from previous employers;
• NSW Medical Board powers to enable notification of subsequent employers of a doctor's registration status;
• Amendments to the Health Services Act making it mandatory for Area Health Service chief executives to notify the relevant registration board of unprofessional conduct or professional misconduct by an employee, visiting medical officer or dental practitioner;
• broader jurisdiction for the Health Care Complaints Commission in relation to the range of services and service providers it can investigate - no longer confined to the investigation of health professionals who are registered;
• Medical Practice Amendment Bill introducing mandatory reporting by medical practitioners of their colleagues in instances of serious misconduct.

Ms Meagher has asked the NSW Director-General of Health Professor Debora Picone to provide a clear plan and timeframe for the implementation of the First Report's recommendations.

Commissioner Garling is expected to deliver his final report on 28 November.

The First Report of the Special Commission of Inquiry into Acute Care Services in NSW Public Hospitals is available at the Special Commission's website at http://www.lawlink.nsw.gov.au/acsinquiry

* Commissioner Garling has separated his First Report into two volumes. The first volume provides a comprehensive account of the factual circumstances surrounding the appointment of Dr Graeme Reeves and was released by the Minister for Health today. The second volume addresses the specific reporting requirements of s10(1) of the Special Commissions of Inquiry Act 1983 (NSW). The Commissioner has recommended that this volume not be published, but be sent to the NSW Director of Public Prosecutions, which has been done.

For a range of health information, go online to www.health.nsw.gov.au