Banned from medical clinic

By ANEEKA SIMONIS

A BERWICK man banned from attending a Berwick medical clinic as a result of abuse claims against staff has had the sanction upheld despite attempts to have it overruled through claims of discrimination and victimisation.
The man was banned from attending Casey Superclinic on 31 August last year after he was accused of abusing staff over a Medicare dispute.
Less than two months later, he presented himself again at the Kangan Drive clinic in mid-November, claiming to be in urgent need of medical attention, but was turned away.
The clinic security guard was required when the man was told the ban was being upheld and police were called but not required as the man left before they arrived.
Instead, the man said he went to another clinic and was taken to Casey Hospital with symptoms he described as a doubled heart rate and extremely low blood pressure.
In his submission to VCAT under the Equal Opportunity Act, the man asked for $20,000 in compensation for pain suffering as a result of being turned away from the clinic in November as well as requested the ban be reversed.
He claimed the clinic was discriminating against him on the basis of disability.
However, VCAT upheld the ban against the man in the recent hearing.
In court, the clinic said the man’s aggressive demeanour’ had been an ongoing issue since September 2014 and the ban was enforced to protect staff and patients as per their normal safety procedures.
It also denied the man’s claim that it was obvious that he was very seriously ill when he attended and should have been checked by a doctor.
The court heard when the man was turned away from Casey Superclinic, he went home rather than to a separate medical facilities despite claiming to be extremely ill.
That, in addition to a lack of evidence suggesting the clinic had refused service to the man based on disability, formed VCAT’s decision to uphold the ban.
They formally advised the man of the ban with a letter sent to his home address which made recommendations he attend the nearby Berwick Healthcare.