Dr James Ian Spark, facing deception charges after ICAC investigation, cleared by Medical Board of Australia to continue performing surgeries

A respected vascular surgeon facing 25 deception charges has been cleared by the Medical Board of Australia to continue practising as he defends the charges.

A surgeon charged with multiple fraud offences following an ICAC investigation has been allowed to continue performing surgeries at Adelaide private hospitals, his lawyer says.

Vascular surgeon Dr James Ian Spark is charged with defrauding more than $60,000 from SA Health when he was working for Flinders Medical Centre.

His lawyer Nick Iles said Dr Spark would be defending the charges and that he had been approved at a Medical Board of Australia hearing on Friday to continue performing surgeries.

“They held it was not in the public interest to suspend Dr Spark’s registration,” Mr Iles said.

“He still has operating privileges at Calvary and he is still registered so he will continue to work.

“These allegations do not relate to clinical practice or patient safety issues, which the Board took into account in allowing him to continue practising.”

Court documents show Dr Spark is accused of claiming for surgeries he either didn’t perform or was only tangentially involved in on 25 occasions between June 25, 2017 and April 27, 2018.

He was charged with 25 counts of deceiving another to benefit himself, an offence that carries a maximum penalty of 10 years in prison if convicted.

Prior to Dr Spark’s first appearance in court, SA Group of Specialists featured him on their website as an associated specialist.

In the week since his arrest the organisation has distanced itself from its former member, deleting his profile from their website.

Dr Spark is still performing surgeries at Calvary Private Hospital and is understood to have been scheduled to be in surgery on the day of his first court appearance.

He was not required to attend that appearance and was represented by a lawyer.

Vascular surgeon Dr James Ian Spark is accused of defrauding more than $65,000 from SA Health by claiming for surgeries he did not perform. Picture: Facebook

A spokeswoman for Calvary said the hospital was aware of the charges against Dr Spark.

“As the matter is before the courts it is inappropriate to make any further comment.”

The nation’s health regulator, the Australian Health Practitioner Regulation Agency, controls whether a medical practitioner is suspended or has limitations placed on their registration.

Practitioners are required to report to AHPRA within seven days whether they have been charged with a criminal offence punishable by more than 12 months in prison.

Dr Spark’s registration remains as it was before he was charged.

An AHPRA spokeswoman said confidentiality provisions in the national legislation prevented them commenting on individual cases.

However, the AHPRA did outline what happened if a practitioner notified that they had been charged.

“If a registered health practitioner is the subject of criminal charges we will consider whether any interim actions are required while those proceedings take place,” she said.

“Any action we take in this regard is reflected on the practitioner’s registration status on the national online register of practitioners.

“We will liaise with police while charges proceed and await the outcome of the criminal proceedings.”

At Dr Spark’s first court appearance his lawyer asked for an adjournment to a pre-trial conference later in the year.