Terms of reference

I, Elizabeth Koff, Secretary, NSW Health hereby initiate an inquiry under section 122(1)(c) of the Health Services Act 1997.

Ms Gail Furness SC is appointed to conduct an inquiry to review the actions of the following local health districts at which Dr Gayed held an appointment between 1990 and 2016 in respect of the appointment of Dr Gayed, management of complaints about Gayed, and compliance with conditions imposed on Dr Gayed by relevant regulatory bodies including the NSW Medical Council (and formerly the NSW Medical Board):

• Grafton Base Hospital (being a hospital controlled by Northern NSW LHD)
• Kempsey District Hospital (being a public hospital controlled by Mid North Coast LHD)
• Cooma Hospital and Health Service (being a public hospital controlled by Southern NSW LHD)
• Manning Hospital (being a public hospital controlled by Hunter New England LHD)
• Mona Vale Hospital (being a public hospital controlled by Northern Sydney LHD) (the LHDs)

Ms Furness will be assisted in the inquiry by a medical advisor with expertise in obstetrics and gynaecology.

The terms of reference for the inquiry are:

1. To review documentary material to be provided by each LHD relating to
   1. appointment (including delineation of clinical privileges) of Dr Gayed as a visiting medical officer in obstetrics and gynaecology, and
   2. the management of Dr Gayed following his appointment, including:
      1. management of any complaints, adverse events or performance issues in relation to Dr Gayed
      2. monitoring of compliance by Dr Gayed with any conditions of appointment imposed by the LHD
      3. any variation or withdrawal of Dr Gayed's clinical privileges by the LHD and
      4. the consistency of Dr Gayed's conditions of appointment and/or clinical privileges at an LHD with any registration or other conditions or orders imposed on Dr Gayed by the NSW Medical Council (formerly the NSW Medical Board), a professional standards committee or tribunal, notified to the LHD, to identify whether the processes followed complied with applicable NSW Health and LHD policies in place at the time.
         
         This will include an assessment of compliance by the LHDs (as applicable given relevant date ranges) with the following NSW Health policy directives: PD2008_071 Identification and management of medical practitioners in compliance with registration conditions (issued on 24 December 2008), and PD2013_036 Service Check Register for NSW Health (issued on 31 October 2013, including any replacement policy)
2. Review the material provided to identify whether each LHD appropriately reported to the NSW Medical Council (formerly the NSW Medical Board) any conduct of Dr Gayed that may constitute professional misconduct or unsatisfactory professional conduct pursuant to section 99A of the Health Services Act 1997, or notifiable conduct under the Health Practitioner Regulation National Law (NSW).
3. In light of the above review, advise of in respect of any further review or audit of clinical outcomes that in the reviewer's opinion should be considered in respect of Dr Gayed's clinical practice, including in respect of any specific procedures or cohorts of patients.
4. If during the course of the inquiry the reviewers identify any matters that trigger a mandatory notification obligation to the Australian Health Practitioners Regulation Agency, these are to be promptly notified to AHPRA and at the same time advised to the Health Care Complaints Commission.

The inquiry is required to provide a report on the outcome of the review by 31 January 2019.​​​