On 26 May 1997 at 6.45pm Eric Thompson arrived at the surgery of Dr Dennis Evans in Port Hedland with his family to attend an appointment made for his daughter who has a heart condition.
Mr Thompson is of Aboriginal descent; his wife is not.
When the family arrived Mrs Thompson entered into a discussion about payment for the appointment.
Mrs Evans informed Mrs Thompson that bulk billing would not be available for the appointment.
Mr and Mrs Thompson decided to stay and pay for the service and the receptionist then went on to say the payment had to be made before seeing the doctor.
At this point Mr Thompson intervened. He asked what the problem was, effectually to enquire whether the receptionist thought they could not pay or might run away.
According to Mr Thompson he made his point forcefully, but not in a belligerent manner.
Mrs Evans then went down a corridor and when she returned, she held open the entrance door to the surgery and gestured for Mr Thompson to leave with the complaint ‘your attitude stinks’.
Mr Thompson felt obliged to comply and was almost over the threshold on his way out when Dr Evans appeared from his surgery and told Mr Thompson to ‘get out’, according to Mr Thompson, as if ordering a stray dog out of his yard.
The words ‘piss off, you rock ape” were also allegedly spoken by Dr Evans at this stage.
Mr Thompson said he turned to face the doctor and receptionist and called them pathetic at which point Dr Evans raised his fists as if shaping up for a fight.
Mr Thompson then left the surgery with his son ending the exchange.
Mrs Thompson corroborated her husband’s version of events. She said when she had made the booking there had been no discussion about payment or fees.
After her husband left, she said the doctor asked ‘how do you put up with a rock ape like that. You can do better than that.
She rebuked him for this, but knowing her child required treatment, followed Dr Evans to the consultation room.
Mrs Thompson said in the consultation room Dr Evans spoke about Aboriginal people and how they were responsible for various break ins both at this surgery and at his home.
Mrs Thompson said she felt obliged to enter discussion and she therefore said not all Aboriginal people were like that.
The doctor allegedly continued that he was sick of being ripped off by Aboriginal people and made a comment about Tasmania where people sometimes had shot Aborigines for the misdemeanours.
The Equal Opportunity Tribunal felt Dr Evans was not convincing as a witness. He said his recollection was not ‘crystal clear’ and his description of the various events was confused and inconsistent.
Dr Evans was unclear about whether the altercation between him and Mr Thompson occurred before or after the consultation, however eventually accepted the altercation must have taken place before the consultation commenced as he remembered his exchanges with Mrs Thompson while examining her daughter.
Dr Evans said in evidence that in his view Aboriginal people had problems with alcohol and violence, which may have led to him making some enquiry as to whether Mrs Thompson might be in trouble with her husband in view of what had taken place in the waiting room.
The Tribunal also took into consideration a letter written by Dr Evans in the Equal Opportunity Commission’s report to the Tribunal which described Mr Thompson as ‘irrational and abusive’ using ‘vitriolic outbursts’, however it became evident during Tribunal proceedings Mr Thompson was reserved by nature which was confirmed by his character references.
The Tribunal found that Dr Evans would not ordinarily order a parent of a patient with a booking to leave the surgery in such as manner, which amounted to unfavourable treatment in the service he provided to Mr and Mrs Thompson.
After considering the evidence and having regard to the observations previously made concerning the credibility of the witnesses, it was satisfied Mr Thompson did not act in a belligerent way and the unfavourable treatment was due to Mr Thompson’s race as an Aboriginal man.
The Tribunal ordered payment of $2,500 in general damages to Mr Thompson and $1,500 in general damages to Mrs Thompson.
Copies of this decision and other Equal Opportunity Tribunal decisions are available by contacting Equal Opportunity Commission Communications Officer, Sarah Johnston at sarah.johnston@eoc.wa.gov.au.
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