Dr Gary Donald McKay – Medical Practitioner – Registration Suspended for Professional Misconduct and Unsatisfactory Professional Conduct

30 August 2022

The Health Care Complaints Commission prosecuted a complaint against Medical Practitioner Dr Gary Donald McKay before the NSW Civil and Administrative Tribunal (“the Tribunal”).

It was alleged that in 2018, while working at the Mater Hospital in Sydney, Dr McKay:

• Invited the anaesthetist to conduct an inappropriate examination of a patient during a procedure.
• Took a non-clinical photograph of the examination.
• Provided false and misleading information to the Mater Hospital about taking the photograph.
• Failed to adequately disclose that he had taken the photograph to the patient and attempted to persuade him not to complain to the police about it.

On 26 August 2022, the Tribunal found the complaint proven and that Dr McKay was guilty of unsatisfactory professional conduct and professional misconduct. The Tribunal imposed an order suspending Dr McKay’s registration for 3 months.

The Tribunal remarked that, “We must make clear to other practitioners and patients that conduct such as that which Dr McKay exhibited both in the operating theatre and then by failing to make full and open disclosure to his employer and the patient, will not be tolerated.”

The full decision can be found here: NSW Caselaw.

Further Information

For further information, contact the Executive Officer of the Health Care Complaints Commission, on 9219 7444 or send an email to media@hccc.nsw.gov.au.

The information in this media release is correct at the time of publication. Orders may change; for example, conditions may no longer apply. For current information regarding the status of a registered health practitioner, including any conditions that currently apply, please check the National Register at www.ahpra.gov.au.