Steel v Medical Council of New South Wales [2020] NSWCATOD 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Steel v Medical Council of New South Wales [2020] NSWCATOD 77 Hearing dates: 11 June 2020 and by written submissions dated 8 July 2020 and 10 July 2020 Date of orders: 14 July 2020 Decision date: 14 July 2020 Jurisdiction: Occupational Division Before: Boland AM ADCJ, Deputy President Decision: (1) The appeal under s 159B of the Health Practitioner Regulation National Law is dismissed. (2) Dr Timothy Robert Steel shall pay the costs of the Medical Council of New South Wales of and incidental to the appeal as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONS AND TRADES – health care professionals – medical practitioners – appeal on Points of Law under s 159B of the Health Practitioner Regulation National Law ("the National Law") – whether delegates of the Medical Council of New South Wales misunderstood the statutory task required under s 150 of the National Law – whether the delegates adopted a limited notion of public interest contrary to the statutory requirement – whether delegates' decision was unreasonable Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Medical Practice Act 1992 (NSW) (repealed) Cases Cited: Coutinho v Dental Council of New South Wales [2018] NSWCATOD 98 Crickett v Medical Council of NSW (No 2) [2015] NSWCATOD 115 DOU16 v Minister for Home Affairs [2019] FCAFC 212 Essendon Football Club v Chief Executive Officer of the Australian Sports Anti-Doping Authority [2014] FCA 1019; (2014) 227 FCR 1 FCFY v Minister for Home Affairs (No 2) [2019] FCA 1990 Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Gorman v NSW Medical Board [2010] NSWCA 26 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Haasbroek [2018] NSWCATOD 177 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Windsor [2020] NSWCA 110 Hogan v Hinch [2011] 243 CLR 506 Holt v Dental Council of New South Wales [2020] NSWCATOD 62 Ibrahim v Pharmacy Council of NSW [2019] NSWCATOD 187 Karimi v Medical Council of New South Wales [2017] NSWCATOD 180 Kirby v Dental Council of New South Wales [2018] NSWSC 1869 Kirby v Dental Council of New South Wales [2020] NSWCA 91 Lindsay v NSW Medical Board [2008] NSWSC 40 McKinnon v Secretary, Department of Treasury [2005] FCAFC 142 Minister for Border Protection v Singh [2014] 231 FCR 437 Minister for Immigration & Border Protection v Eden [2016] FCAFC 28 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration v Li (2013) 249 CLR 332 New South Wales Bar Association v Stevens [2003] NSWCA 95 Pharmacy Council of New South Wales v Ihrahim [2020] NSWSC 708 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Q Super Board v Australian Financial Complaints Authority Limited [2020] FCAFC 55 Reid v Medical Council of NSW [2014] NSWCATOD 152 Saedlounia v Medical Council of New South Wales [2015] NSWCATOD 53 Wu Shan Liang v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 432 Category: Principal judgment Parties: Dr Timothy Robert Steel (Appellant) Medical Council of New South Wales (Respondent) Representation: Counsel: K Connor SC (Appellant) K Richardson SC with D Forrester (Respondent)