Association of International Physicians and Surgeons of Ontario

News

International graduate awarded $40,000 in landmark discrimination case

Posted by imdontario on July 5, 2016 at 12:40 AM

http://www.nzdoctor.co.nz/news/2016/july-2016/04/international-graduate-awarded-$40,000-in-landmark-discrimination-case.aspx

Medical Observer

Monday 04 July 2016, 9:44AM

After more than two years of legal wrangling, the verdict is in: The Australian Capital Territory did racially discriminate against an experienced Chinese-born doctor whom it overlooked for a hospital internship.

 

In a landmark ruling that could have knock-on effects for selection policies elsewhere, a territory tribunal awarded Dr Qinlin Wang $40,000 compensation and found the Australian Captial Territory (ACT) guilty of discrimination over its internship selection policy.

 

Dr Wang, aged in his 50s, will be eligible for even more money should he not be considered for future internship intakes based on his merits, ACT Civil and Administrative Tribunal senior member Allan Anforth ruled on Thursday.

 

Eight-tier ladder of preference

 

The long-running saga centred on a ministerial policy implemented in 2014, which prioritised ACT hospital internship applicants based on where they finished university.

 

ACT runs the internship programmes for the territory's hospitals.

 

Graduates of Canberra's Australian National University were given first preference on an eight-tier ladder.

 

Graduates of other Australian universities formed categories two to six, while graduates from New Zealand universities formed the seventh category and overseas-trained doctors formed the eighth and last category.

 

The policy meant there was "no real possibility" of Mr Wang - nor any international medical graduate (IMG) - securing an internship, Mr Anforth said.

 

Dr Wang, who migrated to Australia in 2001 with 16 years' experience and time as the director of neurology at a Chinese medical university, was knocked back in 2014, having completed the necessary examinations, and took his case to court.

 

He claimed the policy was directly discriminatory on the basis of race because it amounted to a refusal to consider him for an internship based on his national origin.

 

'Not discriminatory' - ACT

 

The ACT argued that the policy was not racially discriminatory because foreign-born students could graduate from Australian universities and vice versa.

 

But Mr Anforth struck that argument down, saying it focused on exceptions rather than the rule. In general, he said, graduates of foreign universities are foreign-born.

 

"The discrimination is solely based on the location of their educational history which by implication generally brings into play their national origin," he said in an 84-page written ruling.

 

Assertion over graduate quality struck down

 

Mr Anforth also struck down an assertion by the ACT that ANU graduates were of higher quality and better suited because of "subtle differences" in local practice, calling it "only an assumption".

 

He ruled there was no evidence for the claim, adding that it was "offensive to other domestic and overseas universities and even more so to well-qualified experienced overseas doctors".

 

'Motivated by desire to promote medical school'

 

Mr Anforth said the policy appeared to be largely driven by "a motivation to promote the economic and academic viability of the ANU Medical School" and a misunderstanding of discussions at a meeting of the Council of Australian Governments.

 

He said the policy was "intrinsically discriminatory on the basis of race" and robbed the people of the ACT of access to experienced overseas practitioners and the best graduates from Australia and the globe.

 

Informed that the IMG category has since been removed, Mr Anforth ruled this only made the policy more discriminatory because it means overseas trained doctors aren't considered at all.

 

Awarding Dr Wang $40,000, he said the former neurosurgeon had suffered "considerable anxiety, embarrassment and humiliation".

 

Not over yet

 

The ruling is the most substantive development in the case's long history.

 

At one point, following an interim decision in Mr Wang's favour, the ACT appealed to the Supreme Court to have Mr Anforth recuse himself for perceived bias.

 

The ACT alleged Mr Anforth had a direct personal interest in the case after he was overheard discussing discrimination in the medical profession with a witness.

 

He allegedly told the witness that a medical college in which his daughter was involved had been criticised for discriminating against women and against those tutored by overseas-trained specialists.

 

Mr Anforth dismissed the bid, saying he was required to "have an open mind to the issues, not an empty mind".

 

The ACT Supreme Court rejected the application and Dr Wang's case was re-heard after the interim decision was quashed.

 

ACT expected to appeal

 

Yet the latest decision is unlikely to be the final development. Bill Madden, a prominent medico-legal expert, says he expects the ACT to appeal the verdict.

 

The decision could have flow-on effects for intern selection policies elsewhere, he says, but it's too early to say.

 

For a start, the option is open to the ACT to amend relevant legislation to exempt medical selection policies from discrimination provisions.

 

 

Related link

The decision: Wang v Australian Captial Territory (Discrimination) [2016] ACAT 71


Categories: None

Post a Comment

Oops!

Oops, you forgot something.

Oops!

The words you entered did not match the given text. Please try again.

Already a member? Sign In

11 Comments

Reply RichardFoell
7:33 PM on March 6, 2017 
японские школьницы порна
секс со школьницей
развел школницу +на секс
школьнитцы занимаются сексом
школницы занимаются сексом
Reply Larryagolo
11:57 AM on April 5, 2017 
Humanz album download
Gorillaz Humanz amazon
album download Humanz by Gorillaz itunes
download Humanz album
download Humanz album
Humanz by Gorillaz download album
Reply Danielnic
4:57 AM on April 29, 2017 
weekly change
sar philippine peso
hours ago saudi
199 rupees to usd
saudi riyal
weekly change
philippine peso
Reply DouglasKek
4:17 PM on May 29, 2017 
$50 No-deposit Bonus Click here!..
Reply SusanLAF
6:48 PM on September 23, 2017 
Hello friends!
I am an official representative of private company which deals with all kinds of written work (essay, coursework, dissertation, presentation, report, etc) in short time.
We are ready to offer a free accomplishment of written work hoping for further cooperation and honest feedback about our service.
This offer has limited quantities!!!
Details on our website:
https://essay-edu.biz
Reply Failm
3:09 PM on September 29, 2017 
[IMAGE]http://fayruth.ru/photo/photo_7434.jpg

Dating for adults is an application for communication and meetings of persons who have reached 18 plus years.
An application for finding lovers and lovers or long-term serious relationships. You are tired of sites without real guys and girls or resources where users only agree to correspondence or communication. You want more than easy flirtation in the chat. You can easily and casually arrange your personal life, getting rid of loneliness and boredom. HERE HERE
Reply Failm
11:50 AM on September 30, 2017 
[IMAGE]http://fayruth.ru/photo/photo_7434.jpg

Dating for adults is an application for communication and meetings of persons who have reached 18 plus years.
An application for finding lovers and lovers or long-term serious relationships. You are tired of sites without real guys and girls or resources where users only agree to correspondence or communication. You want more than easy flirtation in the chat. You can easily and casually arrange your personal life, getting rid of loneliness and boredom. HERE HERE
Reply MytishiRuddy
4:11 AM on February 9, 2018 
Приемные дни: с понедельника по пятницу с 8.
url=https://xn--80aieocueqr8g.xn--p1ai says...
четырехкомнатные квартиры мытищи
сдам 1 комнатную квартиру щелково ул.
url=https://xn--80aieocueqr8g.xn--p1ai says...
жк отрадный 11 корпус
Reply CarlosTug
10:21 AM on March 7, 2018 
Также при устройстве кровли используют изогнутые, прямые, длинные и короткие щипцы. станок гильотинный по металлу Гильотина для резки металла применяется в самых различных областях промышленности, как крупной, так и мелкосерийной.
Reply Cathryn
10:05 AM on August 4, 2018 
online casino gambling
online casino gambling
online casino real money
casino games slots
cassino
Reply CryptoTola
7:32 PM on August 15, 2018 
Bitcoin tradicionalmente relacionam-se a grupo digitais de dinheiro. Ela existe exclusivamente em formato virtual. Apesar de sua no trocados por produtos, servicos ou convencionais financas.
Bitcoin unique. Ela nao ligado com as atividades dos bancos, nao tem fisico aspecto, e desde o inicio criada desregulada e descentralizada.
Se simples palavras, o que e o bitcoin e digital financas, que sao extraidas em computacao dispositivos e giram no proprio sistema de sua propria leis.
bitcoin banco de moeda