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Notification to AHPRA of Dr Thomas Clement Goyer (MED0001198439) and to the ACCC of the Medical Weightloss Institute (ABN 45 606 851 110) Page 1 of 5 A photocopy of the full page advertisement in The Age Green Guide 23/06/2016 and screen shots of http://www.medweightloss.com.au/ are attached. I allege that Dr Goyer has breached s.133 of the Health Practitioner Regulation National Law that prohibits advertising that: is false, misleading or deceptive or is likely to be so; uses testimonials or purported testimonials about the service or business; creates an unreasonable expectation of beneficial treatment, and encourages the indiscriminate or unnecessary use of health services. I also submit that the advertising claims made by Dr Goyer breach the Medical Board’s Good medical practice: A code of conduct for doctors in Australia, March 2014: s.2.2.6: Providing treatment options based on the best available information; s.2.4.4: Giving priority to investigating and treating patients on the basis of clinical need and effectiveness of the proposed investigations or treatment; s. 8.6.1 Making sure that any information you publish about your medical services is factual and verifiable; s. 8.6.2 Making only justifiable claims about the quality or outcomes of your services in any information you provide to patients; s. 8.6.4 Not offering inducements or using testimonials; s. 8.11.8 Not offering inducements or entering into arrangements that could be perceived to provide inducements; s.8.12.1 Not exploiting patients’ vulnerability or lack of medical knowledge when providing or recommending treatment or services s.9.6 (b) making sure that any information published about services is factual and verifiable. In addition, I allege that the parent company concerned, Medical Weightloss Institute, ABN 45 606 851 110, ACN 606 851 110, is in breach of Australian Consumer Law s.18 (misleading and deceptive conduct in trade or commerce) and possibly s.22 (unconscionable conduct). I submit that this promotion, involving both Dr Goyer and the Medical Weightloss Institute, is misleading, deceptive and exploitative, lacks an evidence base and preys on a vulnerable population, the overweight and obese. I believe it requires AHPRA to prosecute Dr Goyer in the Magistrates Court (Part 7 of National Law) and/or discipline him by referral to a tribunal (Part 8 of National Law). I also suggest that ACCC should obtain an immediate Court injunction against Medical Weightloss Institute to remove the web site content and (by use of an enforceable undertaking) replace it with a large, suitably worded retraction. A similar full page retraction should also be published in the next edition of “The Age Green Guide” and any other placement of this advertisement. The details of these allegations follow. In The Age Green Guide advertisement Dr Goyer claims, "Medical Team Discovers How To Reset Hormones For Weight Loss”;

Notification to AHPRA of Dr Thomas Clement Goyer …€¦ · • With running and other strenuous exercise, you often lose weight off the areas you don't want to lose weight - i.e

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Page 1: Notification to AHPRA of Dr Thomas Clement Goyer …€¦ · • With running and other strenuous exercise, you often lose weight off the areas you don't want to lose weight - i.e

Notification to AHPRA of Dr Thomas Clement Goyer (MED0001198439) and to the ACCC of the Medical Weightloss Institute (ABN 45 606 851 110)

Page 1 of 5

A photocopy of the full page advertisement in The Age Green Guide 23/06/2016 and screen shots of http://www.medweightloss.com.au/ are attached.

I allege that Dr Goyer has breached s.133 of the Health Practitioner Regulation National Law that prohibits advertising that:

• is false, misleading or deceptive or is likely to be so; • uses testimonials or purported testimonials about the service or business; • creates an unreasonable expectation of beneficial treatment, and • encourages the indiscriminate or unnecessary use of health services.

I also submit that the advertising claims made by Dr Goyer breach the Medical Board’s Good medical practice: A code of conduct for doctors in Australia, March 2014:

• s.2.2.6: Providing treatment options based on the best available information; • s.2.4.4: Giving priority to investigating and treating patients on the basis of clinical need and

effectiveness of the proposed investigations or treatment; • s. 8.6.1 Making sure that any information you publish about your medical services is factual

and verifiable; • s. 8.6.2 Making only justifiable claims about the quality or outcomes of your services in any

information you provide to patients; • s. 8.6.4 Not offering inducements or using testimonials; • s. 8.11.8 Not offering inducements or entering into arrangements that could be perceived to

provide inducements; • s.8.12.1 Not exploiting patients’ vulnerability or lack of medical knowledge when providing

or recommending treatment or services • s.9.6 (b) making sure that any information published about services is factual and verifiable.

In addition, I allege that the parent company concerned, Medical Weightloss Institute, ABN 45 606 851 110, ACN 606 851 110, is in breach of Australian Consumer Law s.18 (misleading and deceptive conduct in trade or commerce) and possibly s.22 (unconscionable conduct).

I submit that this promotion, involving both Dr Goyer and the Medical Weightloss Institute, is misleading, deceptive and exploitative, lacks an evidence base and preys on a vulnerable population, the overweight and obese.

I believe it requires AHPRA to prosecute Dr Goyer in the Magistrates Court (Part 7 of National Law) and/or discipline him by referral to a tribunal (Part 8 of National Law).

I also suggest that ACCC should obtain an immediate Court injunction against Medical Weightloss Institute to remove the web site content and (by use of an enforceable undertaking) replace it with a large, suitably worded retraction. A similar full page retraction should also be published in the next edition of “The Age Green Guide” and any other placement of this advertisement.

The details of these allegations follow.

In The Age Green Guide advertisement Dr Goyer claims,

• "Medical Team Discovers How To Reset Hormones For Weight Loss”;

Page 2: Notification to AHPRA of Dr Thomas Clement Goyer …€¦ · • With running and other strenuous exercise, you often lose weight off the areas you don't want to lose weight - i.e

Notification to AHPRA of Dr Thomas Clement Goyer (MED0001198439) and to the ACCC of the Medical Weightloss Institute (ABN 45 606 851 110)

Page 2 of 5

• “We have developed a treatment plan that can lower the production of the hormone insulin and cortisol making it much easier to lose weight. The results we are seeing are incredible, amazing”;

• "Thanks to the team at GTC Medical and the Medical Weightloss Institute (MWI) Australians can now lose weight without strenuous exercise and counting calories - thanks to a treatment that resets the hormones to burn fat for fuel";

• “Every day Australians like Lesley Hoff from Goolwa South Australia are totally transforming their body's fast; "I didn't think it possible to lose weight this fast and easy. I’m 66 years old and in the best shape of my life thanks to the medical treatments at MWI. Thanks Dr Tom and Geoff".

• "I had been overweight my entire life and tried everything. Nothing worked. Then I had a consult with Dr Tom and it changed everything. I've lost 42kg now and I honestly feel amazing. I had more energy from day 1 on the program. I tell everyone who will listen; they have to try the Medical Weightloss Institute" says Nazih Hamze from Sydney (32 years old)".

• “People have more energy and feel amazing from day 1 and because we reset the hormones with the treatments - the weight falls off" says Jowett. The process:

• Blood test analysis • Doctor Consultation • No strenuous exercise required

• Reset hormones to burn fat • Never hungry • No calorie counting • Lose weight off 'trouble areas’

• With running and other strenuous exercise, you often lose weight off the areas you don't want to lose weight - i.e. for women that's the breasts" says senior program manager Charlotte Evans. With this new tailor made medical treatment the weight comes off the trouble areas only; Hips, thighs, stomach. Treatments target the "fat zones" so you trim down in all the right areas and keep curves where they should be”.

• “The team at MWI are so excited about this breakthrough that they want 200 Aussies to have a FREE CONSULTATION and medical assessment to gauge if the treatment is right for them and learn more about their health. Simply call 1300 290 147 and be one of the first 200 to register for your free consult and health screening”;

• Great results. Clinically supported data. Works even if you have very little time to exercise.

• It's easy to see why this treatment is the smart choice for losing weight.

• Now you can experience these life changing benefits too.

• To get started, contact us today for a FREE MEDICAL ASSESSMENT

• But you must hurry. Free assessments are strictly limited to the first 200 callers only

Page 3: Notification to AHPRA of Dr Thomas Clement Goyer …€¦ · • With running and other strenuous exercise, you often lose weight off the areas you don't want to lose weight - i.e

Notification to AHPRA of Dr Thomas Clement Goyer (MED0001198439) and to the ACCC of the Medical Weightloss Institute (ABN 45 606 851 110)

Page 3 of 5

Similar claims are made on the web site (screen shots taken today follow):

http://mwiconsult.com.au/

http://mwiconsult.com.au/

http://www.medweightloss.com.au/#!terms-conditions/c1msa

Page 4: Notification to AHPRA of Dr Thomas Clement Goyer …€¦ · • With running and other strenuous exercise, you often lose weight off the areas you don't want to lose weight - i.e

Notification to AHPRA of Dr Thomas Clement Goyer (MED0001198439) and to the ACCC of the Medical Weightloss Institute (ABN 45 606 851 110)

Page 4 of 5

http://mwiconsult.com.au/

http://mwiconsult.com.au/

Page 5: Notification to AHPRA of Dr Thomas Clement Goyer …€¦ · • With running and other strenuous exercise, you often lose weight off the areas you don't want to lose weight - i.e

Notification to AHPRA of Dr Thomas Clement Goyer (MED0001198439) and to the ACCC of the Medical Weightloss Institute (ABN 45 606 851 110)

Page 5 of 5

In summary, the results claimed by Dr Goyer are frankly unbelievable. I am unaware that he is Australia’s top weight loss doctor, nor am I aware of evidence that the underlying cause of weight issues is often a hormone imbalance that leads to increased appetite, nasty cravings and low energy. Or that Dr Goyer’s breakthrough (by using blood tests) can fix this imbalance, so you lose weight and reduce body fat without strict diets or gruelling workouts!

I have searched PubMed (http://www.ncbi.nlm.nih.gov/pubmed) for “Goyer T [auth]” and found no evidence of any research published by him.

I submit that this promotion is misleading, deceptive and exploitative, lacks an evidence base and preys on a vulnerable population, the overweight and obese.

I believe it requires AHPRA to prosecute Dr Goyer in the Magistrates Court (Part 7 of National Law) and/or discipline him by referral to a tribunal (Part 8 of National Law).

I also submit that it requires the ACCC to obtain an immediate Court injunction against Medical Weightloss Institute to remove the web site content and (by use of an enforceable undertaking) replace it with a large, suitably worded retraction. A similar full page retraction should also be published in the next edition of “The Age Green Guide” and any other placement of this advertisement.

Yours sincerely,

Dr Ken Harvey Adjunct Associate Professor School of Public Health and Preventive Medicine Monash University M: 0419 181910 W: www.medreach.com.au E: [email protected]

June 23, 2016

Page 6: Notification to AHPRA of Dr Thomas Clement Goyer …€¦ · • With running and other strenuous exercise, you often lose weight off the areas you don't want to lose weight - i.e

~- - ~ ----~------~ -..-----~---- ------~-----~--------------

ADVERTISEMENT

Medical Team Discovers How To Reset Hormones For Weight Loss Now as part of a National Health Drive a limited number of Australians can claim a FREE weight loss and medical assessment.

I n what could be a landmark discovery the research team at GTC Medical and the Medical

Weightloss Institute have discovered a link between hormones and weight gain - affecting most Australians.

For years we have been told by the fitness industry to train hard, join the gym and run, but the only people who benefit from that are gym owners and personal trainers.

It turns out running might actually be making you fat because of the stress hormone cortisol produced from. doing strenuous exercises like running. I'm sure this is music to most Aussies ears - but this doesn't mean it's not true. In fact the science stacks up big time and capnot be denied or ignored any longer.

According to medical director Dr Tom Goyer; the hormones insulin and cortisol control weight, not exercise.

"We have developed a treatment plan that can lower the production of the hormone insulin and cortisol making it much easier to lose weight. The results we are seeing are incredible - amazing" says Dr Goyer.

body's fast; "I didn't think it possible to lose weight this fast and easy. Im 66 years old and in the best shape of my life thanks to the medical treatments at MW!. Thanks Dr Tom and Geoff"

"I had been overweight my entire life and tried everything. Nothing worked. Then I had a consult with Dr Tom and it changed everything. I've lost 42kg now and I honestly feel amazing. I had more energy from day 1 on the program. I tell everyoI)e who will listen; they have to try the Medical Weightloss Institute" says Nazih Hamze from Sydney (32 years old)

Senior nutritionist Lucy Eva says; 'Eating a healthy diet is important for health but working with Dr Tom and the medical team I have learnt that hormones control weight loss not food:

Thanks to the team at GTC Medical and the Medical Weightloss Institute (MWI) Australians can now lose weight without strenuous exercise and counting calories - thanks to a treatment that resets the hormones to burn fat for fuel.

This is now a public health issue says sports scientist and MWI co-

goods that's not true. Exercise won't make you thin -

resetting the body's hormones is the answer. There are more gyms and trainers than ever and society is fatter than ever. What we are doing is not working and it is time for change. We have worked out how to reset hormones to burn fat fast without strenuous exercise. Exercises like running make you store fat not burn fat on areas like your stomach:'

The medical team at MW! have created treatments that can reset hormones and help to speed up metabolism.

As part of a National Health Drive 200 Australians can claim a FREE medical assessment.

"Medical weight loss treatments make the early stages of weight loss easy. When people diet they feel tired and lethargic for the first month. Not with MW!. People have more energy and feel amazing from day 1 and because we reset the hormones with the treatments - the weight falls off"

says Jowett. The process .. • Blood test analysis

Nazih, 32 Woo//oomoo/oo, NSW.

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Page 7: Notification to AHPRA of Dr Thomas Clement Goyer …€¦ · • With running and other strenuous exercise, you often lose weight off the areas you don't want to lose weight - i.e

&;J.,.Tf;".-yua,y n.Uillll GIHUH'I UAC 00 yir:tu

old Lesley Hoff from Goolwa South Australia are totally transforming their

BEFORE TREATMENT Hormone imbalance causes cravings, mood swings and problems with weight.

Dr Tom Goyer is a medical doctor who has been helping patients at his North Sydney Clinic lose weight for almost a decade.

Tom is an Associate Member of the Cosmetic Physicians Society of Australia, the Australian Society of Cosmetic Medicine and the Australi­an College Of Phlebology.

.., __ ... ___ ... ___ ...... ,...., .... -.......

"Aussies are getting fatter and fatter because they are being sold a bill of

AFTER TREATMENT Hormone balance restored. Subject feels full and satisfied for longer, starts losing the urge to binge eat and takes control of weight issues with­out turning lifestyle upside.

Over the past 20 years, Geoff Jowett has helped as many as half a million Australians lose weight.

Geoff is the creator of Body Trim, Australia's most successful weight- ' loss program. He Is the co-founder of Vision Fitness, Australia's largest personal training company. And he holds a Sports Science Degree.

• Lose weight fast • No strenuous exercise required • Reset hormones to burn fat • Never hungry • No calorie counting • Lose weight off 'trouble areas' "With running and other strenuous

exercise you often lose weight off the areas you don't want to lose weight -ie for women that's the breasts" says senior program manager Charlotte Evans.

With this new tailor made medical treatment the weight comes off the trouble areas only; Hips, thighs, stomach. Treatments target the "fat zones" so you trim down in all the right areas and keep curves where they should be.

The tailor made treatments are designed to target wherever you struggle with weight by resetting your body's hormones to burn stored fat for fuel.

Lowered insulin production allows your body to burn fat for fuel. High insulin makes you store fat. MWI treatment lowers insulin production so you burn fat.

Lowers production of the stress hormone cortisol; Helping burn tummy fat. Cortisol causes you to store ~elly fat.

The team at MWI are so excited about this breakthrough that they want 200 Aussies to have a FREE

CONSULTATION and medical assessment to gauge if the treatment is right for them and learn more about their health. Simply call 1300 290 147 and be one of the first 200 to register for your free consult and health screening.

· ~Otl .IRE JUST ONE PHONE <W~U. 'AW'AY ' ' . lfR.OM ~ Blen'ER uFe. ' '

' . .

• Great results. Clinically supported data. Works even if you have very little time to exercise.

• It's easy to see why this treatment is the smart choice for losing weight.

Now you can experience these lifechanging benefits too.

To get started, contact us today for a

FREE MEDICAL ASSESSMENT But you must hurry. Free assessments are strictly limited to the

first 200 callers only

From Barn today, the FREE MEDICAL ASSESSMENT Hotline is open. Call 1300 290 147. We will fill spaces on a first come, first served basis. There is no obligation if you call.

mwiconsult.com.au

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