The ACT government has stepped up its fight against a ruling that its medical intern selection policy racially discriminates against foreign-trained doctors, turning to the Supreme Court to quash the decision and remove the tribunal member who made it.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The dispute stems from the case of an experienced, Chinese-trained neurosurgeon, who failed in his bid for an internship at the Canberra Hospital.
The doctor, Qinglin Wang, began proceedings in the ACT Civil and Administrative Tribunal, alleging that the territory's policy of preferring Australian-trained doctors for medical internships had discriminated against him because of his race.
He won an interim decision in January, delivered by ACAT member Allan Anforth, but a second decision on whether the policy indirectly discriminates is still pending.
In an unusual move, lawyers for ACT Health then unsuccessfully tried to force Mr Anforth to step aside, alleging he was biased because of a casual conversation he was overheard having with a university professor.
The conversation concerned an episode of the ABC's Four Corners program about bullying in the medical profession, and took place as lawyers packed up after a directions hearing.
ACT government lawyers said the conversation showed Mr Anforth held views that "widespread" gender and race issues exist within the medical profession.
Mr Anforth stood firm earlier this month, declaring his beliefs were that gender and race were significant issues in the community more broadly, rather than specifically in the medical profession.
He said he was entitled to his beliefs, but that they did not make him in any way biased in the way he approached matters of law.
"I am entitled to hold a view that gender and race issues exist in the community," he said.
"I am required to have an open mind to the issues, not an empty mind."
He declined to remove himself from the case.
Now, the ACT has renewed its push to have Mr Anforth removed.
They have applied to have a judge of the ACT Supreme Court review Mr Anforth's decision not to stand aside.
Court documents also show the government will try to have Mr Anforth's decision quashed, and restrain him from taking any further part in the hearing of the case.
In his conversation with the professor, Mr Anforth had spoken of his daughter's experience with a medical college, which had been criticised for discriminating on gender grounds and against those who were tutored by overseas-trained specialists.
The tribunal member had also told the professor he had received racist emails since he found the ACT's medical intern selection policy was racially discriminatory.
The government said his statements showed a preconceived view about the treatment of health professionals and the existence of racial and gender bias in the profession.
It said a fair-minded observer might reasonably apprehend that Mr Anforth would not bring "an impartial mind" to the matter.
The policy of preferring Australian-trained interns is not specific to the ACT. Most jurisdictions have similar policies, and argue that locally-trained doctors are better suited to the Australian system, and represent the best return on investment.
The government's application was filed with the ACT Supreme Court on Tuesday, and will appear for the first time early next month.
