Tasmania Health Department Seeks to Dismiss Probe into Alleged Medical Certificate Falsification

Tasmania's health department has moved to have a probe into an alleged falsification of a medical certificate in one of its hospitals thrown out of court, despite its own 2024 panel referring it and other cases to the coroner.

On Wednesday at a case management conference into one of 29 deaths at Launceston General Hospital (LGH), the department's lawyer argued that the coroner did not have the "jurisdiction" to investigate certificates or reopen cases.

Margaret Joyce Binns, 82, died after a fall in her kitchen in 2020 and was identified by the Reportable Deaths Review, led by experienced health administrator Debora Picone.

It investigated allegations that some cause of death certificates had been falsified by Peter Renshaw, the Launceston General Hospital's former executive director of medical services.

The review found the conduct of one staff member, understood to be Dr Renshaw, had engaged in a "repeated pattern" of acting outside the scope of Tasmanian law.

Dr Renshaw has denied all allegations of wrongdoing.

The 2024 review noted that the cases were being referred to the coroner in the "interests of transparency and independent scrutiny".

Gretel Chen, appearing for the Department of Health at today's conference in the coroner's court, argued that any inquest into Dr Renshaw's actions would be "futile".

She said Ms Binns's death had initially been determined not to need reporting to the coroner and that the matter could not be reopened.

"Once they've formed a view there is not a reportable death, jurisdiction ceases," Ms Chen told the court.

She also argued that because medical certificates were issued after death occurred, it fell outside the coroner's scope and was irrelevant.

Coroner Leigh Mackey told the court a medical certificate was significant.

"Doesn't the coroner's court have the capacity to be able to make comment on the issuing of a certificate on a relevant case?" Magistrate Mackey said.

Ms Chen also questioned whether Ms Binns's death, which was caused by a fall, met the criteria of a reportable death, defined as "unexpected, unnatural, or due to violence".

The hearing was adjourned without another date set. A written decision on the issue of jurisdiction is expected.

Magistrate Mackey told the court that an inquest was unlikely. Instead, she was considering making "in chambers" findings about Dr Renshaw's conduct.

Health Department Secretary Dale Webster said in a statement: "Upon detailed examination of this case and relevant case law, there are some questions as to whether this was a reportable death within the definition of the Coroners Act."

Mr Webster said the Department has "committed to working openly with all relevant authorities in relation to the Independent Review – Reportable Deaths and Death Reporting Processes".

Hearing comes years into investigation

Dr Renshaw, who was the LGH's clinical director from 1989 until his retirement in 2022, did not attend Wednesday's hearing.

His legal representative, Alex Darcey, noted that Dr Renshaw's conduct had already been investigated by the Australian Health Practitioner Regulation Agency (AHPRA).

AHPRA suspended Dr Renshaw's medical registration in 2024.

Allegations Dr Renshaw had falsified medical certificates were first aired by former LGH staff in a parliamentary inquiry in early 2024.

Health administrator Debora Picone was engaged to review 86 deaths at the hospital.

Twenty-nine were referred to the coroner and reviewed once again by a clinical nurse consultant it engaged.

A notice posted to the coroner's court website said Dr Renshaw's capacity to issue a Medical Certificate for Cause of Death was relevant to several matters it was investigating.

Along with the coroner, the health department also referred Ms Picone's report to Tasmania Police, which will not investigate due to "insufficient evidence".

Dr Renshaw's time at the hospital was also examined by the Commission of Inquiry into the Tasmanian Government's Responses to Child Sexual Abuse in Institutional Settings.

It made a misconduct finding against him for misleading the inquiry.

The commissioners found he failed to comply with his mandatory reporting obligations and LGH's own protocol for reporting and management of cases of suspected child abuse.

It also found he misled the chief executive of LGH and the health secretary about paedophile nurse James Griffin.

Trust in medical institutions needed

Greens health spokesperson Cecily Rosol said it was "alarming" that the health department was fighting the coronial investigation.

"The government has been supportive of looking into this more and yet now, when the coroner has a specific case that they want to look at further, the government are pushing back on that," she said.

The health department has previously issued an apology to those affected by the matter.

Premier Jeremy Rockliff said in 2024 that he wanted to see the allegations investigated thoroughly.

"I am open to whatever it takes to get to the bottom of these allegations, to ensure confidence in our health system, and to ensure accountability in our health system."