Cosmetic Surgery

Reverend the Hon. Dr Gordon Moyes: My question is directed to the Attorney General, on behalf of the Minister for Fair Trading: Is the Minister aware that the welfare and safety of women and girls are being placed at risk by the lack of stricter Government regulation in the area of cosmetic surgery, an industry prevalent with serious dangers and abuses of many kinds? Is the Minister aware of the false and misleading promotional activities of Sydney-based cosmetic surgeon Dr Anoop Rastogi who is known for his strong Internet presence and TV appearances on Mornings with Kerri-Anne? In particular, is the Minister aware that Dr Rastogi is not a plastic surgeon, and has no Australian Medical Council accredited qualification above GP status, whereas plastic surgeons have to undertake eight years of postgraduate surgical training on top of their GP qualification, and have the initials FRACS (Fellow of Royal Australasian College of Surgeons)? Can the Minister indicate what measures will be implemented to ensure the welfare and safety of patients who go under the knife of Dr Rastogi remain paramount, and to have dubious cosmetic surgeons out of the industry, and have their licences cancelled?

The Hon. John Hatzistergos: This is not a question that should be directed to the Minister for Fair Trading, but rather to the Minister for Health, whom I also represent. I recall this issue being raised when I was Minister for Health and I made some comments about it at that time. I will refer the question to the Minister for Health and obtain an answer for the honourable member.

Deferred answer

On 26 June 2008 Reverend the Hon. Dr Gordon Moyes asked the Attorney General, representing the Minister for Fair Trading, a question without notice regarding Dr Anoop Rastogi and cosmetic surgery regulation. The Minister for Health provided the following response:

I am advised that Dr Rastogi holds general and unconditional registration with the NSW Medical Board.
I am further advised that the introduction of stronger regulations on 1 July 2008 for the advertising of medical services will provide better protection for people contemplating cosmetic surgery.
The changes are included in the Medical Practice Amendment (Advertising) Regulation 2008. Key features of these changes are:

· A requirement that photographs used in advertising are not altered or manipulated in a misleading or deceptive manner;
· A requirement that ‘before and after’ photographs are of genuine patients;
· All ‘before and after’ photographs must include a prominent statement that they represent one person’s experience and there is no guarantee that any other patient will experience similar results; and
· Any scientific or statistical information used in advertising must be presented in a manner that can be readily understood by people without scientific or medical training or experience.

The Maximum penalty for a breach of-the advertising regulations is 250 penalty units ($27,500). In addition, a medical practitioner who breaches the advertising regulation may be subject to a complaint of unsatisfactory professional conduct.

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