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Membership of Medicines Australia Code Committee

Members of the Code of Conduct, Appeals and Monitoring Committees will not discuss complaints with a healthcare professional, member of the general public or pharmaceutical company. Any contact from or discussions with Complainants or Subject Companies will be declared by the Committee member prior to reviewing a complaint or materials before the Monitoring Committee.

All questions relating to particular complaints or the Code of Conduct more broadly should be directed to the Secretary of the Code of Conduct Committee at Medicines Australia.

Phone: (02) 6122 8500

Email: secretarycodecommittee@medicinesaustralia.com.au

For further Information please see the Code and the complaints process

Complaints Submission Forms for both non-industry complainants and Pharmaceutical companies are also available.

Committee Membership

Panel of Chairs – all Lawyers with Trade Practices experience
(Only 1 Chairman participates in each Code of Conduct or Appeals Committee meeting)

Mr Michael Daniel is the Founder and Principal of Resolve Litigation Lawyers. With more than 26 years’ experience specialising in Commercial and Regulatory Litigation, Dispute Resolution and Competition & Consumer Law, Michael’s extensive career has included partnership with PricewaterhouseCoopers and Dunhill Madden Butler. He was a founding partner of PricewaterhouseCoopers Legal and its Chairman for 9 years. His early career was developed with Allens in Sydney and Herbert Smith in London. Michael has broad experience in the Health sector .He has acted in a range of professional misconduct matters, conducted proceedings in the Administrative Appeals Tribunal concerning the establishment of a new pharmacy and provided an independent audit report to the ACCC on trade practices compliance by a major health insurance provider, and acted for a pharmaceutical company on product recall procedures. Michael has also conducted matters successfully in the Supreme Court of NSW, The Federal Court of Australia and The High Court of Australia, The High Court of England and Wales and The International Arbitration Court in Paris.

Ms Catherine Bembrick is a Barrister at 5 Wentworth Chambers specialising in competition and consumer law, intellectual property, employment and general commercial litigation. Prior to commencing at the Bar Ms Bembrick was a Senior Associate at Allens in the competition and consumer group and an Associate at Slaughter and May in London. She was also Associate to the Hon Justice Bennett AO of the Federal Court of Australia and in 2009 was awarded a Master of Laws degree with first class honours from the University of Cambridge. Ms Bembrick has considerable experience in the health sector including advising and appearing for pharmaceutical and medical device clients in respect of intellectual property disputes and the application of Part IV of the Competition and Consumer Act.

Mr Ian Tonking SC was formerly a Barrister and Senior Counsel based in Sydney, specialising in trade practices and competition law and other commercial and equity litigation and advice. Prior to his career at the NSW Bar Mr Tonking was a partner in Allen Allen & Hemsley (now Allens) for 17 years. Qualifications include: BA (Sydney), LL.B (Sydney), LL.M (London).

Mr Jason Korke is a Barrister at the Victorian Bar with a broad commercial practice and extensive experience in therapeutic goods regulation. He is a nationally accredited mediator and an experienced advocate and litigator.

From 2006 to 2013, Jason was the independent chair of the Complaints Resolution Panel (established under the Therapeutic Goods Regulations 1990), which deals with complaints about advertisements for therapeutic goods directed to consumers. In addition to legal practice, Jason has worked at a senior level in the therapeutic goods industry in the areas of marketing and communications.

Independant Members of the Committee

Australian General Practice Network (AGPN)

Dr Ruth Ratner is a general practitioner nominated by the AGPN. Dr Ratner is the Principal of a general practice in Northbridge and is also a Clinical Placement Supervisor and Tutor for the Sydney Medical School. Dr Ratner also holds an Honorary Medical Officer appointment through the Royal North Shore Hospital. Qualifications include MB.BS (NSW)

Australian Medical Association (AMA)
(Only 1 AMA nominee participates in each Code of Conduct or Appeals Committee meeting)

Dr John Gullotta AM is a general practitioner nominated by the AMA. Dr Gullotta is the Principal of a general practice in Sydney and is also a qualified pharmacist. Dr Gullotta is an AMA Federal Councillor and past chairman of the AMA Therapeutics Committee. He is also an Adjunct Associate Professor in the Faculty of Medicine at the University of Sydney. Dr Gullotta is a member of the Advisory Committee on Medicines Scheduling (ACMS) TGA and the Advisory Committee on Non-prescription Medicines (ACNM), TGA. Qualifications include B.Med (Hons), B.Pharm (Syd Uni), FRACGP, FAMA

Dr Brian Morton is a general practitioner nominated by the AMA. Dr Morton is co-owner and Director of a Group Medical practice in Sydney. He is a past President of AMA (NSW) and is Chairman of AMA Council of General Practice (Federal). Dr Morton is a clinical supervisor in General Practice at the University of Notre Dame Sydney. Qualifications include MB BS FRACGP FAMA

Royal Australian College of General Practitioners (RACGP)
(Only 1 RACGP nominee participates in each Code of Conduct or Appeals Committee meeting)

Dr Harry Nespolon  is a member of the Royal Australian College of General Practitioner (RACGP) NSW Council. He is involved in most aspects of general practice training, including a supervisor of General Practice registrars, and involved in most aspects of the RACGP Fellowship exam, including setting standards.  He holds a Fellowship of RACGP.

Harry Nespolon has more than 20 years’ experience in general medical practice.  He is the principal of two general practices in centre of the city of Sydney and the lower north shore for over 14 years.  Before moving to Sydney he worked in general practice in Adelaide and Canberra.

Harry Nespolon is an experienced Chair and company director.  He is Chair of GP Synergy, and successfully led a tender that has resulted in company becoming the largest GP training provider in Australia. He is the deputy Chair of Sydney North Health Network, a primary health network. He has been Chair of number of organisations including a Division of General Practice and Medicare Local.  He has been a director of Therapeutic Guidelines a for profit organisation.  He holds a Fellowship of the Australian Institute of Company Directors (FAICD) and regularly updates his director’s knowledge.

Harry Nespolon is sought out to provide advice on many aspects of healthcare, including general practice and broader policy issues.  He writes extensive expert reports for medico-legal proceedings. He is a long serving member of several disciplinary committees, including Medicine’s Australia Code of Conduct committee and the Dietitian’s Australia.  He holds law and economics degrees and completed his Masters of Health Law (MHL) from Sydney University in 2015.

Once having completed his Masters of Business Administration (MBA) at the Australian Graduate School of Management he worked as a management consultant advising predominately in insurance and financial areas.  Prior to this he worked as a senior member of the Australian Medical Association (AMA) in the federal office.  He was able to influence several major programs and was in regular contact with senior politicians and bureaucrats.

Dr Martine Walker is a general practitioner in Sydney nominated by the RACGP. Dr Walker is a full time general practitioner in Sydney, general practice medical educator and examiner for the Royal Australian College of General Practice. She has post graduate qualifications in Paediatrics and Women’s Health.

Dr Marcela Cox is a general practitioner in Sydney nominated by the RACGP. Dr Cox is also the Censor for the NSW and ACT Faculty of the RACGP and a medical educator, currently involved in teaching general practice registrars training with GP Synergy. Qualifications include MBBS (Hons I), FRACGP, Dip. Child Health.

Royal Australasian College of Physicians (RACP)
(Only 1 RACP nominee participates in each Code of Conduct Committee meeting)

Dr Daniel (Avi) Lemberg a specialist consultant physician nominated by the RACP. Dr Lemberg is Head of Department of Paediatric Gastroenterology at the Sydney Children’s Hospital and has research experience in evaluating the utility of drugs in a variety of research and clinical situations. He is currently a Senior Lecturer at the University of New South Wales. Qualifications include BSc (Med); MB.BS; Dip.Paed; FRACP

Dr Catherine Streeton is a specialist physician nominated by the RACP. Dr Streeton is a public health physician and epidemiologist specialising in infectious diseases and vaccine development. Dr Streeton maintains a keen interest in preventative medicine, immunisation & all aspects of travel medicine. She has extensive experience in vaccine research and development (clinical trial design, implementation and evaluation), and health outcomes research including quality use of medicines. She is also Medical Officer of Health for both Darebin and Moreland City Councils. Qualifications include MBBS, MAppEpid, FAFPHM, Grad Cert Health Economics; CTM.

Australasian Society of Clinical and Experimental Pharmacologists and Toxicologists (ASCEPT)
(Only 1 ASCEPT nominee participates in each Code of Conduct or Appeals Committee meeting)

Professor David Le Couteur is a geriatrician and clinical pharmacologist at Concord Hospital and the University of Sydney nominated by ASCEPT. He has previously been a member of the Australian Drug Evaluation Committee (and chaired its Pharmaceutical Subcommittee), a member of the Pharmaceutical Benefits Advisory Committee (and chaired its Drug Utilization Subcommittee), president of ASCEPT, and is currently a member of the Advisory Committee on the Safety of Medicines and of the Council and Clinical Division of the International Union for Basic and Clinical Pharmacology. Qualifications include FRACP and PhD.

Professor Richard Day AM is Professor of Clinical Pharmacology at UNSW and St Vincent’s Hospital Sydney. He has a clinical practice in Clinical Pharmacology and Toxicology and Rheumatology. He has interests in promoting the quality of use of medicines and research into the rational treatment of the rheumatic disorders. He was chair of PHARM for the Federal Government, a director of MBF and President of the Board of Directors of the Drug Information Association, and Chair of the Federal Medication Safety Taskforce. Currently he chairs NSW medication safety expert advisory committee and co-chairs the NeHTA (National eHealth Transition Authority) medication reference group. He was the foundation academic in charge of the Post Graduate Drug Development programme in the Faculty of Medicine, UNSW and now is senior academic advisor to the Course.

Professor John Miners is a specialist pharmacologist nominated by ASCEPT. He is currently Professor and Head of the Department of Clinical Pharmacology of Flinders Medical Centre and Flinders University, and Associate Dean in the Flinders University School of Medicine. Professor Miners has more than 30 years experience as a pharmacologist in both academic and tertiary hospital settings. Qualifications include BSc, MSc, PhD and DSc.

Professor Ken Williams is a specialist pharmacologist nominated by ASCEPT. Dr Williams is the Deputy Director and Principal Scientist at the Department of Clinical Pharmacology and Toxicology, St Vincent’s Hospital. Qualifications include BSc (Hons 1), PhD (UNSW).

Consumers’ Health Forum of Australia (CHF)
(Only 1 CHF nominee participates in each Code of Conduct or Appeals Committee meeting)

Anne McKenzie is a consumer representative nominated by CHF. She has worked as the Consumer Advocate at The University of Western Australia (UWA) School of Population Health and the Telethon Institute for Child Health Research since 2004 where she leads and manages the joint Consumer and Community Participation Program at both organisations. Her key role is to support and facilitate active consumer and community participation in the research and teaching programs at the School and the Institute.

Anne is a senior consumer representative for Consumers Health Forum of Australia and former Chair of the Health Consumers Council of WA. She serves on key national and state health committees for the Department of Health and Ageing, Therapeutic Goods Administration, National Prescribing Service and the National Health and Medical Research Council.

Ms Sharon Caris is a consumer representative nominated by Consumers Health Forum (CHF). Ms Caris is the Executive Director of Haemophilia Foundation Australia. She has a strong interest in safety and quality of medicines, ethical decision making in health care, and encouraging consumer participation in health policy and research.

Ms Judith Maher is a consumer representative nominated by Consumer Health Forum Australia. Ms Maher joined Breast Cancer Network Australia at its inception, undertook consumer advocacy training and has served on a range of health related and other committees in this capacity for about twelve years. Ms Maher retired from the Australian Public Service in 2005, where her work included complaints management. Ms Maher’s career includes a five year term as a member of the Commonwealth Administrative Appeals Tribunal, some years as chairman of grievance and appeal committees for a number of Victorian statutory authorities, and a period as a private mediator. At the present time Ms Maher serves as a member of the Complaints Resolution Panel of the Therapeutic Goods Advertising Code Council. Ms Maher’s qualifications include a Post Graduate Diploma in Commercial Arbitration.

Therapeutic Goods Administration (TGA)
(Only 1 TGA nominee participates in each Code of Conduct Committee meeting)

Mr Mick O’Connor is the Director – Recalls and Advertising Unit. This Unit is responsible for participating in the co-regulatory system of advertising and administering statutory advertising requirements.

Monitoring Committee Membership

Panel of Chairs – all Chairman have pharmaceutical industry experience
(Only 1 Chairman participates in each Monitoring Committee meeting)

Mr Wayne Strong is the Director of Strong Consulting, a firm established in 1993, committed to helping clients define strategy, streamline operations, develop talent and execute business strategies faster. Prior to establishing Strong Consulting Wayne had spent 20 years in sales and marketing roles with of Astra, Pfizer and Glaxo.

He has been a Juror with the Stockholm Challenge since 1998, coordinating the selection of category winners in economic development and community health organisations. He has lectured in marketing, human resource management in Hong Kong and Singapore and was Guest Professor at Blekinge Tekniska Hogskola (Southern Sweden) teaching Business Strategy and Information Systems from 2002-2009.

Ms Helen Maxwell-Wright holds both executive and non executive roles in the health sector. Her interests are in improving health outcomes through system review and innovation, increased consumer health literacy and empowerment and good governance.

Independent Members of the Committee

Consumers’ Health Forum of Australia (CHF)
(Only 1 CHF nominee participates in each Code of Conduct or Appeals Committee meeting)

Alison Marcus is a consumer representative nominated by CHF. She has represented consumer interests on Advisory Committee on the Safety of Medicines, the TGA Transparency Review and National Immunisation Committee, and has been involved in various working groups for NPS MedicineWise. Alison is a registered nurse, and has worked in a range of metropolitan, regional and remote settings. She is involved in other community groups in Adelaide.

Ms Helena Lake has a background working with Education Queensland as Secondary School Science Operations and Workplace Health & Safety Officer for a number of high schools and colleges over a 10 year period. Qualifications include BSc (Newcastle University); Certificate IV in Occupational Health & Safety (Safework College, Brisbane).

During a pause from career to start a family, my partner sustained a spinal injury, followed by a stroke shortly after. With two very young children in-tow travelling between three main tertiary hospitals within the Brisbane metropolitan area, I became a full-time carer and support person for a period of 5 years.

With my partner regaining full independence and with the extensive experience of being users of the health system and services, my career has emerged into that of an Independent Consumer Representative and advisor in Governance roles within hospital and independent statutory bodies with a key focus on safety & quality improvement.

History of positions past and currently serving on include:-

  • Health Community Council (HCC), Royal Brisbane & Women’s Hospital (2007-11);
  • Health Quality Complaints Commission (HQCC), Brisbane (2011-13)>;
  • Recognition & Management of the Deteriorating Patient (RMDP), Royal Brisbane & Women’s Hospital (2012-14);
  • Clinical Handover (CH), Royal Brisbane & Women’s Hospital (2012-14);
  • Open Disclosure (OD), Centre for Healthcare Improvement (CHI), Brisbane (2012-14); and
  • Queensland Bedside Audit (QBA), Centre for Healthcare Improvement (CHI), Brisbane (2012-13).

Activities in the role of Independent Consumer Representative and advisor have included working collaboratively with teams of representatives in reviewing, planning, design/innovation, implementation/delivery, monitoring, evaluating and researching.

I am a member of the Consumer Health Forum of Australia (CHF) and have been nominated for a Consumer Representative role with Medicines Australia.

Royal Australian College of General Practitioners (RACGP)

Dr Sue Whicker is a specialist pharmacologist. She has extensive experience in the management, development, implementation and evaluation of education programs, research projects and programs at local, national and international levels, particularly in therapeutics and the quality use of medicines (QUM).

Australian Medical Association (AMA)

Dr Robyn Napier is a general practitioner in Sydney nominated by the AMA. Dr Napier is also a general practice medical educator and Medical Director of AMA (NSW). She chairs the AMA (NSW) Council of General Practice and provides the secretariat for the Ethics Committee. Dr Napier is also on the Mutual Board of MDA National and Chairs the Eastern Cases Committee. Dr Napier is also a member of the NSW Medical Council, a member of the Registration Committee and the Health and Performance Committees, and on the BEACH Advisory Board.

Procedure of Appointment

Chairman – following a public call for expressions of interest, a panel of suitably qualified and experienced lawyers are appointed by the Medicines Australia Board for a period of five (5) years.

Committee – members of the Code Committee are nominated by a peak body and appointed for a period of three years

Conflict of Interest

All attendees for a particular Committee meeting will be appointed taking into consideration that the person has no conflict of interest with therapeutic area/s or company/ies against which a complaint has been lodged or with the complainant.

In addition to the requirement to disclose a direct or indirect pecuniary interest in a matter about to be considered in a meeting of the Code Committee, members should also disclose a conflict of interest if a reasonable third party would conclude that there was a likelihood that a member of the Code Committee may be influenced in reaching a decision by factors other than the merits of the case as presented by the Subject Company and Complainant.