Australian Traditional Medicine Society Supports Court Decision Upholding Patient Rights and Procedural Fairness

Introduction

• The Australian Traditional Medicine Society (ATMS) acknowledges and supports the recent court decision allowing Dr William Bay to resume medical practice.

Key Points:

• Support for Informed Consent: ATMS welcomes the court’s decision, reinforcing the importance and significance of patients’ rights to informed consent for all medical decisions, including vaccinations.
• Freedom to Discuss Risks: The ruling emphasises the necessity and importance for health practitioners to freely discuss the benefits and potential risks of medications, ensuring patients can make fully informed choices, thus empowering patients in their health care.
• Procedural Fairness: Justice Bradley found that AHPRA and the Queensland Medical Board failed to show where Dr Bay breached relevant legislation or his professional code of conduct, acting beyond their conferred powers.
• Overreach of Powers: The court noted that the Medical Board’s actions did not “include protection of government and regulatory agencies from political criticism.” ATMS supports regulatory bodies like AHPRA in their role of ensuring public safety but does not condone actions beyond their legal authority.
• Denial of Fair Process: The court found Dr Bay was denied procedural fairness as no accusation of unlawful practice was put to him, and he was denied a hearing in front of an unbiased tribunal.
• Clinical Conduct: None of the complaints raised against Dr Bay concerned clinical conduct or practice of medicine, underscoring the importance of distinguishing and differentiating between clinical practice and personal opinions.
• Balancing Safety and Free Speech: ATMS advocates for a balanced approach where practitioners can provide comprehensive information and can express their thoughts and expertise without fear of unjust repercussions. This emphasises the importance of transparency and integrity in communication, allowing health professionals to share their insights and findings confidently.
• Collaboration with AHPRA: ATMS acknowledges the role of AHPRA and emphasises the importance of collaboration to ensure that all health practitioners can safely and effectively communicate with their patients.
• Commitment to Professional Standards: ATMS remains committed to maintaining high professional standards and ensuring that all members adhere to ethical practices in patient care.

Conclusion:

• ATMS will continue to advocate for patient rights while upholding high standards of professional practice among its members. We remain committed to fostering a respectful and collaborative relationship with all regulatory bodies, ensuring fairness and integrity in all proceedings.

“ATMS welcomes this decision as a victory for patient autonomy and the fundamental right to informed consent. Our stance on vaccinations has always been pro-choice, ensuring individuals have the freedom to make informed health decisions. We support the court’s emphasis on procedural fairness, which is crucial for maintaining trust in regulatory processes.” – Annie Gibbins, ATMS CEO

The Australian Traditional-Medicine Society (ATMS) is Australia’s largest multi-modality national professional association, actively advocating for the collective interests of natural medicine practitioners across the country. Our mission is to promote, represent and support natural medicine practitioners who are encouraged to pursue the highest ideals of professionalism in their natural medicine practice and education.