Dodwell & Associates - Specialist Occupational Medicine Services

Director apologises for Civil Aviation's handling of medical specialist

Dr Peter Dodwell, specialist in occupational and aviation medicine and former Principal Medical Officer (PMO) of CAA, received a written apology [129kb] and payment towards legal costs, in final settlement of Judicial Review proceedings (JR) begun against CAA in 2001. This followed in the wake of CAA's release in February 2001 of the Scott-Gorman Report into medical certification of pilots [305kb].

The Report was released simultaneously with the announcement of the Civil Aviation Amendment Bill No 2. This led to unprecedented controversy within the aviation industry and in Parliament. At the time CAA was facing earlier Judicial Review proceedings [232kb], regarding CAA's management of medical certification, lodged in December 2000 by a large industry group. On the24th August 2001 the judgment on the earlier JR was against CAA.

In February 2001 the Scott-Gorman Report described an audit revealing an unacceptably high error rate amongst AMAs (Aviation Medical Assessors, external doctors appointed by CAA to examine and certify pilots). It also alleged [pp 19-21] that the examination process for initially appointing these doctors, superintended by the Principal Medical Officer [Dr Dodwell], had been 'flawed from the outset'. It described a marking system which had been permitting doctors to pass via marking '"adustments" [which] were not consistent'. This, with associated media releases and interviews given by the then Director (Mr Kevin Ward) gave the impression of incompetence, when Mr Ward was quoted as saying 'This is not the standard of behaviour I would expect of the CAA... I was surprised and disappointed to find that' [Sunday Star Times, 25 February 2001 204kb].

Yet the Report had been made public without first giving Dr Dodwell the opportunity to respond to its highly critical findings (as is required under natural justice). His first opportunity to respond was via a submission to the Parliamentary Select Committee, appointed to consider the No 2 Bill. The detailed response by Dr Dodwell about this examination process (28 March 2001 159kb), was never rebutted by the professors or by any other submission before the Select Committee.

After the Select Committee proceedings ended, this breach of natural justice was the basis of a second JR sought by Dr Dodwell against the Director of Civil Aviation. Since this breach was a matter of record, it was a foregone conclusion that the High Court would have confirmed the breach if the matter had run to its conclusion. However, on 1 August 2002 the parties reached an out of court settlement and discontinued the proceedings by agreement. The terms of settlement included a contribution by the CAA to Dr Dodwell's legal costs as well as a detailed letter of apology.

The Apology from the current Director of CAA (Mr John Jones)

1. CAA conceded that there had been a breach of natural justice. Mr Jones apologised for this and then went on to clarify CAA's handling of Dr Dodwell over a prolonged period.

2. Mr Jones mentioned that during the 18 months preceding the release of the Report, Dr Dodwell had been seeking redress for his 1999 treatment by Dr Kathleen Callaghan.

[Dr Callaghan had succeeded him in May 1999 as PMO. In July 1999 she had cancelled at short notice a meeting with Dr Dodwell who, as an independent specialist in aviation medicine, wished to discuss the problems of a pilot with a rare disorder. Dr Callaghan followed this with correspondence requiring 'an explanation' based on unclear accusations regarding the conduct of Dr Dodwell, including an alleged 'conflict of interest'. There was an implied threat against Dr Dodwell's continuing appointment as an AMA for CAA. There was persistent refusal to meet in conciliation, followed by a circular letter [14 September 1999] from Dr Callaghan, warning doctors appointed by CAA regarding 'conflict of interest' and that it was not acceptable to CAA for 'disagreement to be offered by an AMA or DME as an expert medical opinion in any case'. A complaint by Dr Dodwell to the Director (Kevin Ward) in 2000 had an unsatisfactory outcome, and a cloud lingered over Dr Dodwell within the aviation industry for some months to come. This included questions in mid-2000 at the AGM of the Aviation Medical Society of Australia & New Zealand (AMSANZ) regarding his continuing as Vice President in view of a perceived 'conflict of interest' owing to his complaint to CAA. Although Dr Dodwell weathered that, he resigned in 2001 for personal reasons before his term was complete.]

In his recent apology Mr Jones conceded that the specific action taken against Dr Dodwell 'appears to have been unsupported by any legislation of the time and seems to have inappropriately compromised [his] independence'. Mr Jones also went on to say he had not been 'in breach of any contractual obligations as an AMA', but on the contrary had been wronged by CAA. This has the effect of upholding Dr Dodwell's complaint against the actions in 1999 of Dr Callaghan and Mr Richard McFarlane.

3. Finally, Mr Jones conceded that Professors Sir John Scott & Des Gorman, at a secret session on 11 April 2001 before the Select Committee, had elaborated on a 'self-evidently wrong interpretation' of a confidential e-mail message from Dr Dodwell, using this as the supposed basis of further allegations.

[These allegations had included statements such as '...On the basis of his e-mail to the current PMO about [Dr X.] (Enclosure 9), it is clear that the only reason why Dodwell did not sack [Dr X.] was his fear of legal action...'.]

In contrast, Mr Jones noted that Dr Dodwell's e-mail 'had been referring a safety concern to the PMO's attention and I consider taking such action commendable'.

This e-mail message had been sent only to Dr Callaghan and another Medical Officer within CAA. Mr Jones conceded it was 'improper' for Professor Gorman to have used a confidential message for 'the purposes of discrediting [Dr Dodwell] via documents and transcripts which are now in the public domain'.

Dr Dodwell was grateful for this effort on the part of Mr Jones as the new Director to redress some of the damage inflicted on him and his family over a prolonged period. His generous apology was a welcome vindication of Dr Dodwell's professional behaviour as an independent medical specialist.