Next steps in suspended doctor Jereth Kok’s legal case

Jereth Kok

Jereth Kok’s lawyers, Human Rights Law Alliance, have issued an update on his case, with a plea to fundraise for the next stage of closing submissions to the Victorian Civil and Administrative Tribunal.

After almost five years of suspension from practice, we are finally able to give you an update on the Medical Board of Australia (Victoria) vs Dr Jereth Kok, the devoted family GP.

Last week, Dr Kok had his day in court when the Victorian Civil and Administrative Tribunal heard allegations of misconduct brought by the Medical Board about Jereth’s internet posts dated between 2010 and 2021. For Jereth, his family, and supporters, this was the first chance for him to defend his right to speak publicly and freely about his personal religious and political convictions.

Dr Kok’s lead barrister, Stephen Moloney, said in his opening statement, “This is probably one of the most important cases that has ever been put to the Tribunal in the last 30 years. It goes to the democratic right of any practitioner in the State of Victoria to speak about matters of conscience, religion, and medical practice in the public square.” He added, “This is not about whether Dr Kok has practised medicine safely and effectively. This is about what he has said in the public square.”

HRLA is proud to represent Jereth in this continuing defence of his right to practice medicine and to exercise his freedom of speech.

This important case was heard by a panel of three Tribunal members including two doctors. Evidence was given by the Medical Board, Dr Jereth Kok and five expert witnesses on topics such as:

· The rights of doctors to oppose abortion;

· The appropriateness of speaking about conscientious issues relating to vaccinations and the use of cells sourced from aborted babies;

· The rights of doctors to speak about transgender ideology and LGBTQ+ politics; and

· The boundaries of the role of a medical regulator to police personal religious and political positions on the internet.

Jereth conceded that, on reflection, he used inappropriate language in some of his internet posts and he will avoid such words in the future. However, he maintained that he should have freedom to speak publicly on issues that are important to him and rejected the assertion that his posts might undermine confidence in the health profession.

Mr. Moloney said to the Tribunal, “what is not conceded is the democratic right of Doctor Kok and any other doctor to stand in the public square and express their opinions on abortion, on gender dysphoria, on gender identity, on multiculturalism, on the pandemic and the regulations as to the pandemic, on the vaccination. The possession of registration under the national law does not stop a doctor from speaking on those topics.”

On behalf of Dr Kok, thank you for your generous support to get his legal challenge this far. We have been able to engage the best possible legal minds for the legal challenge, but it is not finished yet.

We are now preparing for the SECOND PHASE of the case; the opportunity for both parties to give their closing submissions to the tribunal, in mid-October.

The second phase of Dr Kok’s case, even with pro-bono and discounted fees, is expected to reach $110,000. Can you please consider contributing to this second and critical phase of Jereth’s legal challenge? We would be very grateful for your continued generosity.

Sandy Fuller

Philanthropy Executive

Human Rights Law Alliance