Anti-vax GP Dr John Piesse fights to suppress patient records from VCAT hearing

A ROGUE GP fighting to keep his medical registration after being accused of helping families avoid vaccinations has claimed his patients’ records are legally privileged.

A ROGUE GP fighting to keep his medical registration after being accused of helping families avoid vaccinations has claimed his patients’ records are legally privileged.

Dr John Piesse wants the records, seized by the Medical Board of Australia, excluded from a registration hearing before the Victorian Civil and Administrative Tribunal.

Seven months ago, the Herald Sun raised allegations that Dr Piesse had helped hundreds of families sidestep Victoria’s No Jab No Play laws.

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On Monday, his lawyers argued before VCAT that the files were protected by the doctor-patient relationship. The files, including patient records seized in raids on a centre in Melbourne’s east, are central to the board’s case Dr Piesse provided immunisation exemptions without medical grounds.

Professor Ian Freckelton, QC, for the board, told VCAT deputy president Heather Lambrick the records had been obtained legally and were fundamental to the capacity to make an informed decision about Dr Piesse’s conduct.

He argued that though a doctor could not be compelled to verbally divulge patients’ private information, that privilege did not extend to records introduced by a third party.

Anti-vax doctor John Piesse arrives at a VCAT hearing. Picture: David Crosling

“If the board put to the tribunal that untoward things occurred between this medical practitioner and his patients, and it can’t put to you the information it lawfully has, the best information about what took place ... we do have a mockery. The tribunal is woefully deprived of the best information available,” he said.

Timothy Maxwell, for Dr Piesse, said using coercive powers to divulge a doctor’s notes of a consultation with a patient was no different from compelling him to speak.

He said doctors’ notes were not explicitly exempted from the legal protection.

Ms Lambrick must decide whether the records can be used before the case begins.

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Speaking to Channel 9 outside VCAT, Dr Piesse maintained his stance against immunisation policies. He said: “I know there has been an awful lot of scandalous cover-up and deception and scientific fraud and everything like that which is supporting a wrong view of the truth of vaccines.”

Victoria’s Health Department referred concerns about Dr Piesse’s vaccination exemptions to the Australian Health Practitioner Regulation Agency 19 months ago.

Last August, as a probe continued, the Herald Sun revealed a video of him discussing his use of exemptions at an underground anti-vaxxer event. Days later, health authorities backed by police raided his clinic, removing patient files.

In September, Dr Piesse’s registration was suspended.

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