Medical Practice Act 1994

IN THE MATTER of Dr Malcolm Adams Traill, a registered medical Practitioner


Date of Document 21/2/2005



I, [Nurse F] - - - - - - - -in the State of Victoria AFFIRM and say as follows :

1.                      I am a Division 2 Nurse and I was employed by Oncocare International Pty Ltd from about the middle of 2000 till the middle of 2003. I personally provided treatments to Dr Traill’s patients, under the direction and
supervision of Dr Traill.

2.                                   I recall being involved with and providing much of the treatments provided to both Ms SO, Ms ST and Master TU during their attendances at the Oncocare Cancer & Prostcare Clinic, 31 Station Street, Fairfield 3078.


3.        During October and November 2000 I was involved in both a planned Chemotherapy-Whole Body Hyperthermia session and subsequent Regional Hyperthermia sessions for Ms SO.


4.                                   Dr Traill told me in the evening of the 4th of October and on the morning of the 5th of October to prepare for a Chemotherapy/Whole Body Hypothermia session for Ms SO. I set up the equipment and the
intravenous infusion set, with 500 mL of Dextran, which was used prior to all Chemotherapy infusions.

5.                                 After Ms SO came, she donned a white gown, lay in the Heckel Tent and Dr Traill inserted the intravenous cannula and started the Dextran infusion.

6.                                   Dr Traill then said ".. and you are now ready for the Chemotherapy we planned for you ?" Ms SO said that she did not want it (the Chemo.). Dr Traill said " .. but you must have the Chemo., the heat doesn't do much by itself and Chemo is the only effective treatment good for you." But she refused again, saying expressions like "No way Jose" and with feeling ! She did not mince words.

7.                                   Dr Traill did not seem pleased. However, Ms SO said that she still wanted to go on with the Whole Body Hyperthermia

8.                                   We decided to proceed with this. Initially she was jocular, but soon started complaining as the heat was applied and her temperature started to rise.

9.                                   She became restless and dissatisfied, despite the cold compresses Franwyn and I applied to her forehead and drinks of water given. After only about 40 minutes of temperature rise, she announced that we had to stop and let her out.

10.                            The session was stopped, she was disconnected and was cooled off. She did not spend any time being held at the temperature that was attained. I cannot recall any other patient failing the treatment in this way.

11.                           Dr Traill considered it all a waste of time, saying "..what can you do?" and instructed the clinic not to raise a bill for the session.

12.                           Thereafter, I administered the regional "Hyperthermia," which Ms SO found tolerable.

13a.                           I remember that, some days after the Whole Body Hyperthermia/Chemotherapy incident, Ms SO arrived at the clinic with a large box or organic raspberries. I thought these would have been quite expensive. She put them in a juice extractor, pulped them, and as she was drinking the mixture announced 'This is my chemotherapy!"




13b.                           I remember administering Regional Hyperthermia and Local Hypothermia to Ms ST during the months of January and February 2001.

14.                           I recall that she was a quiet woman

15.                           The Regional “Hyperthermia" was provided by two machines, one assembled by David Spall, the other was a second hand machine from Dr Holt in Western Australia.

16.                           The Local Hyperthermia was provided by a machine with twin aerials, which were mounted in boxes with thick Perspex fronts. These boxes had no lights and did not become significantly hot, since the microwaves were radiated into the tissues of the patients, and the tissues became hot.

17.                           I was shown and instructed by David Spall how to operate the equipment, with the general aim of slowly and carefully raising the temperature close to a level limited by discomfort. He told me not to allow the power to be too high on the unit above Ms ST's operated breast, because there were concerns that there could be burns if the power was too high. As it was, she had a fainting episode after one session, which Dr Traill attributed to the heat. (She never developed burns.)

18.                           I am not aware of the equipment ever being down for maintenance in ways that would ever compromise patient care. With 2 Regional Hyperthermia machines, there was always a spare if one needed maintenance. The Local Hyperthermia machine never seemed to need much maintenance that I can recall.

19.                           Since patients can feel the heat at the time, if they registered any concern about adequacy of treatment, I made allowances in timing, settings etc. I recall giving an extra 15 minutes to Ms ST on one occasion, although at
this stage I cannot recall the reason.

20.                           I cannot recall, and was not aware during the treatment intervals, that Ms ST had concerns over the state of the equipment. As far as I am concerned, all patients, including Ms ST, were given what was expected
at the time or later in lieu, and I cannot remember Ms ST expressing any
concerns to me or anyone else whilst she was attending the Clinic. If she had, we would have accommodated her. I feel certain I would remember if any complaints from her had come to my attention at the time.

21.        As far as I am concerned the equipment was always safe for the patients.




[Master] TU

22.                             I remember TU well. He was brought to the clinic by his parents. He was in a wheel chair and had a pronounced moon face. The parents showed me a family photograph taken before he became sick:
there was a big difference.

23.                             During the treatment sessions I had the opportunity to talk to his parents as one does in such circumstances.

24.                             I was left in no doubt that they fully understood the dismal outlook that TU had. They felt that the hospital could have done more.

25.             From what they told me, they wanted to buy time so that they, as a family group, could take him to see theme parks in Queensland.


AFFIRMED at Preston by  [Nurse F] on    21/2/2005        Signature

                         Before me                     Signature


                                     HELEN WOODROFFE









State of Victoria


I, [Nurse F]

of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

a Division 2 Nurse in the State of Victoria, AFFIRM and say as follows :

This Affidavit is supplementary to my earlier Affidavit of 21/2/2005 and should be read in conjunction with the latter.

2. I have read the Transcript of the Hearing on 27/4/2005 which involves me, and I make the following comments based upon the Transcript and my recollections:                                  

a)            I had difficulty understanding the questions from Counsel because we seemed to be using different and unclear terms. I believed that he did not understand the treatments and protocols.

b)            Counsel asked me a lot of questions that lay outside my nursing training, experience and in-house training. Because of this, I felt intimidated, nervous and anxious. This made my recall and memory of events back to September 2000 on no notice very difficult; he was not asking me appropriate questions that I understood.

c)             Because of this, we often seemed to be talking at cross purposes.

d)            I was not party to the Medical Consultations, so I could not answer questions about them, other than that the initial one was invariably very long and that there was usually a final consultation.

e)            The treatment form we used was a stock-standard type, used for all patients. Most did not have

      the cytotoxic chemotherapy of the type given in hospitals, so the "Chemo." column was usually

     left blank: the "Glucose Blocker" was usually a fixed dose for all patients as part of the UHF 434
     MHz protocol.

f)        Lithium was not administered until the patients had been given the information sheet and had time to digest the information. After the first consultation there was usually a lot for them to consider, so they usually did not receive it for a day or so.

g)            In the Hearing I assumed Dr Spall had prescribed the Eurixor because I was asked without notice. I now recall that Ms ST arrived at the clinic with the bottles of Eurixor.

h)      The UHF 434 MHz transmitters were set at a fixed frequency, with no external controls for this. In administering the UHF as instructed, I would adjust the power levels to the aerials to maximize the forward power and minimize the reflected power. This would achieve the maximum power to the patient overall.


 Sworn at Greensborough

 In the State of Victoria, this 9th day of                            Signature

 February  2006

Before me          Signature                    Allan O’Donnell

                                                                Sergeant of Police 20604 Greensborough




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