Findings

Charge Characteristics

Additional Orders

Commonly
Cited Cases

Precis

Charge:  

A charge was brought by a Complaints Assessment Committee which stated Dr Yau was convicted in the District Court of committing an offence against section 246(2)(a) and two offences against section 265 of the Crimes Act 1961.  The offences committed against section 246(2)(a) were obtaining by false pretence and the offence committed against section 265 was forgery.

Each of the offences is punishable by imprisonment for a term of three months or longer.

Background: 

Under an agreement with the Health Funding Authority ("HFA") Northern District Dr Yau was entitled to claim a government subsidy in respect of the provision of certain services to eligible patients. Dr Yau was subject to a random audit by a compliance unit of the HFA. The result of the audit was a number of claims were found to be false.

To avoid detection of his fraudulent conduct, Dr Yau forged a number of documents, including patient records, attendance book entries, receipts and other accounts information.

Dr Yau co-operated with the compliance unit investigation and subsequently made full reparation to the HFA prior to being dealt with by the Court. He also pleaded guilty to the charges at the first opportunity to do so.

Finding:

The Tribunal found that the circumstances of the offending did reflect adversely on Dr Yau's fitness to practise medicine.

Penalty:

The Tribunal ordered:

1. Dr Yau be censured.
   
   
2. That Dr Yau must practise under the following conditions:
   
   1. That Dr Yau enter into the Mentoring Programme conducted by the Medical Council of New Zealand. The period of mentoring is to be not less than 18 months, and otherwise the terms and conditions of mentoring of Dr Yau are as shall be approved by the Mentoring Programme. A report to the Tribunal at six monthly intervals is requested, to ensure the Tribunal is aware of progress and that the programme is being undertaken.
   2. At the Council's discretion a review of Dr Yau's competence may be initiated pursuant to Section 60 of the Act, in the event that a problem is highlighted during the mentoring programme; and
   3. He must participate in a peer review and/or practice management programme to the satisfaction of his mentor and the mentor is to provide a report to the Council confirming that such a programme has been identified and satisfactorily completed by Dr Yau.
      
      
3. That Dr Yau pay 45% of the costs of and incidental to the CAC's prosecution of the charge and the hearing thereof in the sum of $5,533.09.
   
   
4. Publication of the hearing in the New Zealand Medical Journal.