A panel of the Health Practitioner’s Disciplinary Tribunal (the Tribunal) convened on 6 March 2023 by audio-visual link to hear a charge laid by a Professional Conduct Committee (PCC) of the Medical Council of New Zealand against Dr Dominique Carla Brown registered medical practitioner of Auckland (the Doctor).

Charge:

In summary, the charge alleges that the Practitioner:

1. Made a false document; and
2. The false document contained false information; and/or
3. Made a false statement; and/or
4. Made a false declaration; and/or
5. Used false documents by:
   1. Providing false document to the Royal Australasian College of Surgeons (RACS)
   2. Making a false declaration to RACS

The PCC alleged that the conduct either separately or cumulatively, has brought or is likely to bring discredit to the profession.

The Charge is set out in the Decision at [3].

Background:

The Doctor is an Australian-trained medical practitioner. She first obtained General Registration with the Medical Council of New Zealand on 17 September 2019. She holds a current practising certificate.

In 2016, the Doctor was registered to sit the Generic Surgical Science Examination (GSSE) exam. A pass grade in this examination is required for entry to the Surgical Education and Training Programme (SET) in Orthopaedic Surgery. The Doctor did not attend this exam. In February 2020, the Doctor sat the GSSE, but did not pass. After failing the GSSE, the Doctor made a false document alleging that she had achieved a ‘pass’ result for the RACS GSSE in October 2016. Dr Brown provided the forged letter  to the New Zealand Orthopaedic Association.

The Doctor applied for the SET on 24 March 2021. This application included the forged letter. As is standard process, RACS sought to verify that the Doctor met the requirements for the SET. On 25 March 2021, RACS contacted the Doctor, explaining that they held no records of her passing the GSSE in 2016.  The Doctor responded that she had completed and passed the GSSE online and that she had not subsequently registered for any other sittings of the GSSE.

On 31 March 2021, the Doctor swore an affidavit, in which she falsely declared that:

1. 1. She had sat successfully sat the 2016 GSSE and received a pass grade.
   2. She had “no idea” why the Department of Examinations had no record of her attendance at the examination.
   3. The copy of the forged letter attached to the affidavit was a legitimate document.

Finding:

The Tribunal found all particulars of the charge established, and particulars 1, 2, 4, and 5 amounted to conduct likely to bring discredit to the profession, with particulars 1, 2 and 5a cumulatively, and 4 and 5b individually being sufficiently serious to warrant a disciplinary sanction.

Honesty is an integral part of being an effective medical practitioner. Lying under oath is a serious matter. Dishonest conduct while obtaining relevant qualifications, credentials, registration, and memberships has the potential to undermine the structures that are in place to protect the public. These factors make the Doctor’s conduct particularly serious.

Penalty:

The Tribunal ordered:

1. Censure
2. Conditions on practice for 2 years:
3. A fine of $4,000
4. Costs of $14,898

The Tribunal directed publication of its decision and a summary.

The PCC appealed to the High Court against the Tribunal’s decision not to order suspension of the Doctor’s registration.

The Doctor cross appealed the Tribunal’s decision not to grant permanent name suppression and amount of costs awarded against her.

The High Court upheld the appeal by the PCC and ordered a three-month suspension of the Doctor’s registration starting 13 July 2023.

The High Court dismissed the Doctor’s cross appeal.  [2004]NZHC 990.