Bundaberg Hospital Commission of Inquiry Interim Report of 10 June, 2005 Commissioner: Anthony Morris QC Deputy Commissioners: Sir Llewellyn Edwards AC, Margaret Vider RN Counsel Assisting: David Andrews SC, Errol Morzone, Damien Atkinson Secretary: David Groth Level 9, Brisbane Magistrates Court, 363 George Street, Brisbane Qld 4000 PO Box 13147, George Street Qld 4003 Telephone: 07 3109 9150 Facsimile: 07 3109 9151 Email:
[email protected] Website: www.bhci.qld.gov.au BUNDABERG HOSPITAL COMMISSION OF INQUIRY - IN TERIM REPORT OF 10 JUNE, 2005 – PAGE 2 OF 43 PAGES SCOPE OF THIS INTERIM REPORT 1. This Interim Report is made pursuant to section 31 of the Commissions of Inquiry Act 1950, which provides: A commission may, at the discretion of the chairperson, make any separate reports, whether interim or final, and any separate recommendations concerning any of the subject matters of its inquiry. 2. The purpose of this Interim Report is solely to bring to the attention of the Governor in Council, through the Honourable the Premier and Minister for Trade, in accordance with the Terms of Reference (“ToR”), matters which have come to the attention of the Commission during the course of evidence in the period of 2 weeks commencing 23 May 2005, with reference to: 2.1 recommended legislative changes in relation to the Medical Practitioners Registration Act 2001 (“the Registration Act”); 2.2 recommended administrative changes regarding the process for declaring “areas of need” under section 135 of the Registration Act; and 2.3 potential grounds for the prosecution of JAYANT MUKUNDRAY PATEL (“Patel”) for certain offences under the Criminal Code in connection with his registration as a medical practitioner by the Medical Board of Queensland (“the Board”) under the Registration Act, his employment at the Bundaberg Base Hospital (“BBH”), and surgery performed by him at BBH.