A doctor has appeared at a tribunal seeking to overturn an indefinite suspension for allegedly breaking COVID-19 health orders.
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Melbourne GP Mark Hobart has not worked as a GP since his suspension in 2021 for writing allegedly illegitimate vaccine exemptions for his patients.
He is one of more than 20 medical professionals suspended since the start of the COVID-19 pandemic for allegedly flouting COVID health laws.
'An abuse of process'
Dr Hobart appeared before the Victorian Civil and Administrative Tribunal (VCAT) on July 11 to insist the case against him be thrown out.
"I demand you throw out my suspension," Dr Hobart said at the hearing.
"This proceeding... is an abuse of process and should be thrown out.
"The Department of Health raided my practice and shut me down on spurious grounds... [it is an attempt to] throw the book at doctors who aren't toeing the line," Dr Hobart argued at VCAT.
Dr Hobart claimed the case against him was frivolous and lacked substance.
"[I was suspended] almost three years ago. This is the first time the medical board has taken me to trial," he said.
"I have had no income and my practice has been destroyed.
"I absolutely deny any wrongdoing at all."
'A danger to the public'
Seven staff from Victoria's Department of Health raided Dr Hobart's GP practice in November 2021 and seized hundreds of patient records.
He was suspended later that month by the Medical Board of Australia (Board) after allegedly refusing to co-operate with its investigation.
He had his case heard at the Vic Supreme Court but was refused a hearing at the Vic Appeal Court and High Court.
Dr Hobart said the most difficult part of the process was his ongoing, indefinite suspension as a doctor.
"They say I am an immediate risk - I am a danger to the public," he said.
Eight allegations
At VCAT, the Medical Board revealed eight allegations against Dr Hobart stemming from its 17-month investigation.
The Board accused him of writing 598 fraudulent vaccination exemption certificates for patients. The Board said Dr Hobart didn't clinically assess these patients or maintain records about why the exemptions were being granted.
A doctor is required to make detailed clinical notes of all appointments and maintain them for seven years.
Dr Hobart told the hearing he had mailed some of his patients their medical records because he was afraid of the Health Department seizing them.
After he said this the presiding VCAT senior member Elizabeth Wentworth warned Dr Hobart against making statements that "might be unhelpful" to him at a later hearing.
The Board also accused Dr Hobart of practising as a doctor after being suspended, of prescribing Ivermectin to an elderly patient without assessing whether it was clinically justified or appropriate and providing medical care to his friends while suspended.
'Clinical misconduct'
The Board's case said Dr Hobart's alleged actions amounted to clinical misconduct while he argued it would have been misconduct to deny his patients a vaccine exemption.
Dr Hobart said the government's vaccine mandates amounted to "coercion" and to provide coercive medical treatment amounted to assault.
He also argued his patients met the exemption criteria of a "serious medical condition" because of their serious anxiety and depression at having to get vaccinated.
"Not to give the certificate would have been not fulfilling my duty as a doctor," he said.
But the national guidelines do not include anxiety and mental health conditions as a "medical contraindication" for the vaccine, according to the Royal Australian College of General Practitioners (RACGP).
'Enforcement is essential'
RACGP president Nicole Higgins told ACM cases against doctors who had allegedly broken COVID rules were appropriate.
"There is an expectation that all health and medical practitioners, including GPs, use sensible, professional judgement when providing care or information to the public. AHPRA spells out those responsibilities," Dr Higgins said.
She said AHPRA provided statements for doctors on appropriate vaccination rules and guidance for drugs such as Ivermectin in the context of COVID-19.
"Where a health or medical professional's actions break with the quality of care or conduct that is expected of them, it is AHPRA's role to investigate and if appropriate, take action, which may include suspension," Dr Higgins said.
"Appropriate enforcement is essential for the public's trust in the medical professions.
"Where a GP is deregistered by AHPRA, their RACGP membership is typically also cancelled."
The Vic tribunal is expected to rule on Dr Hobart's case the week of July 15.
Ben Silvester
Correspondent covering key issues across regional Victoria, based in Melbourne.
Correspondent covering key issues across regional Victoria, based in Melbourne.
