Controversial GP resumes ‘David v Goliath’ battle over Covid-19 vaccines

An ominous sign stuck to the door of a veteran doctor’s clinic in Melbourne’s west hints at the huge spat that’s left him unable to practice medicine for three years.

A sign on the window at Dr Mark Hobart’s clinic in Melbourne’s west reads: “The Victorian Government has banned patients from entering this surgery because Dr Hobart refused to surrender your private and confidential patient files.”

It was erected in 2021, during the height of the Covid-19 pandemic where the Daniel Andrews Government had imposed some of the harshest lockdowns on the planet.

Three-and-a-half years on, the North Sunshine Surgery remains closed and Dr Hobart — who has been a GP there since 1985 — remains unable to practice medicine.

The controversial GP, who is well-known in anti-vaccine groups, is accused of professional misconduct and being a danger to the public over the administering of fake vaccination exemptions and the anti-parasitic drug, Ivermectin.

Dr Hobart “denies any wrongdoing” and “maintains he fulfilled his duty to his patients at all times”. He says he told the truth about vaccines and their risks when the Andrews Government was enforcing polarising vaccination mandates.

Dr Mark Hobart was suspended from practicing medicine in 2021. Picture: Jon Hargest

The North Sunshine clinic where Dr Mark Hobart issued vaccine exemptions during the pandemic.

‘David vs Goliath battle’ resumes

His “David v Goliath” battle with the Medical Board of Australia — described that way by his lawyer Matthew Hopkins — resumed this week before the Victorian Civil and Administrative Tribunal.

“Not all heroes wear capes,” Mr Hopkins wrote on social media ahead of the three-day hearing.

“(Dr Hobart issued) 1797 vaccination exemptions, all legitimate, and no Covid vaccines administered.

“Very much a David v Goliath battle.”

The battle this week focused on how authorities seized documents in November, 2021 after the federal medical watchdog AHPRA received a tip-off about what was going on at Dr Hobart’s clinic.

Dr Hobart’s lawyer argued patient files which contained protected information, were seized unlawfully and were an example of an “egregious abuse of power”.

“We say on the balance of probability that these documents were unlawfully seized,” Mr Hopkins told VCAT.

“The correct pathway, via a warrant, was available. We say that it was open to AHPRA ... that the correct legislative pathway for them to obtain the (documents) was through the warrant process.

Former Premier Daniel Andrews oversaw the most locked down city in the world during the pandemic. Picture : NCA NewsWire / Ian Currie

“We say that the unlawfully obtained evidence contained within the seized patient files should not be admitted. It’s an egregious abuse of power. Dr Hobart — his practise has been shut down ever since. It’s a legitimate practice of medicine for vaccination exemptions to be given.”

But VCAT Senior Member John Billings disagreed. He rejected the argument that the documents were inadmissible and told Dr Hobart’s lawyer that the use of the term “egregious” was over the top.

“Mr Hopkins called it egregious. It could not be described as grave or egregious or reckless,” he said.

Dr Hobart took to social media to share the outcome on Thursday afternoon.

“The judge said that he was not satisfied the evidence was improperly or illegally obtained,” he wrote. “In other words. Those authorised officers didn’t do anything wrong.”

He continued: “Senior Member Billings also said, even if it was illegally or improperly obtained, it still should be admitted as evidence.”

The tribunal will reconvene later this year to test whether Dr Hobart is a danger to the public.

A sign on the window at Dr Mark Hobart's North Sunshine clinic.

Details aired about clash at Dr Hobart’s surgery

VCAT this week heard how members of the public were seen coming and going — allegedly without masks — from Dr Hobart’s surgery in late October, 2021 and leaving with paperwork.

A team member from the Victorian Department of Health, who cannot be identified for legal reasons, told VCAT they “witnessed a large amount of people” at the clinic.

“Male, female, young and old coming in and out of the clinic without facemasks,” he said.

“We had a concern these exemptions were given under false pretences. Dr Hobart was there, his wife, a receptionist or clerk and another young female staff member who didn’t really engage with us at the time. There were also patients in the waiting room.

“There were also a crowd of supporters out the front who greeted us as we entered on the day.

“We were searching for records of vaccination exemption forms. We had a real fear about the lack of face masks when we’ve got an airborne virus out there that is a direct concern for the members of the general public and people are coming and going freely without face masks and the staff in the clinic were also not wearing face masks which opened them to spread of coronavirus.

“The situation became very volatile. I was very focused on the movements of supporters and staff.”

Dr Mark Hobart is fighting to return to medicine and has huge support from parts of the community in Melbourne. Picture: Jon Hargest

‘Email Brett Sutton and Martin Foley’

Dr Hobart was outspoken about the perceived overreach by authorities in Victoria during the pandemic.

In an interview with an anti-vaccination forum at the time, Dr Hobart said he was simply “trying to stick to the facts”.

“The journal articles, discussions with respected colleagues etc, I really don’t wish to speculate.

“If we can spread this message like this to as many people as we can then we hopefully WE will get some public movement going, increase the understanding of the people because the mainstream media is not going to do anything, it appears, so we have to do everything ourselves,” he said.

“I think emailing members of parliament, if people let them know how strongly they felt, I think that’s a good idea. To email Brett Sutton, perhaps the Minister of Health, Martin Foley, people like that.”

When his North Sunshine clinic was closed to the public, there were no shortage of supporters.

“He’s very calming, very understanding. It’s a shame what they’ve done to him,” one woman said.

“Now I’ve got issues. I need certificates and I can’t get my hands on my files,” another supporter said.

Residents of metropolitan Melbourne were subjected to six lockdowns that lasted more than 260 days in 2020 and 2021. It was named the most locked-down city in the world.

No criminal charges or findings have been made against Dr Hobart. His suspension from practicing medicine will last as long as the investigation continues.

Originally published as Controversial GP resumes ‘David v Goliath’ battle over Covid-19 vaccines