Ghosh v Medical Council of New South Wales [2020] NSWCATOD 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ghosh v Medical Council of New South Wales [2020] NSWCATOD 117 Hearing dates: On the papers Date of orders: 19 October 2020 Decision date: 19 October 2020 Jurisdiction: Occupational Division Before: J Boland AM ADCJ, Deputy President Decision: (1) Dr Ratna Ghosh's application for an adjournment of the hearing fixed for 7 December 2020 is granted. (2) The directions made on 28 August 2020 are vacated and the following orders substituted in lieu: (3) Ratna Ghosh is to give to the Tribunal and to the Medical Council of New South Wales submissions: (a) in support of her application concerning the "Not to Practise" condition imposed on her registration and which condition is subject of the appeal remitted to the Tribunal by the New South Wales Court of Appeal together with any submissions as to the power of the Tribunal to refer persons for criminal prosecution by 15 January 2021; (b) as to whether the appeal remitted from the Court of Appeal should be permanently stayed or; (c) the appeal remitted for re-hearing should now be fixed for hearing before a differently constituted Tribunal. (4) The Medical Council of New South Wales is to give to the Tribunal and to Ratna Ghosh any application or submissions in response to the submissions of Ratna Ghosh by 5 February 2021. (5) Ratna Ghosh is to give to the Tribunal and the Medical Council of New South Wales submissions, if any, in reply by 12 February 2021 (6) The matter is listed for directions on 26 February 2021 at 9.30am. (7) In the event either party seeks to appear by telephone on 26 February 2021 that party must provide details of the telephone number to the Registrar, Occupational Division on or before 22 February 2021. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Health Records and Information Privacy Act 2002 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Procedural and other rulings Parties: Dr Ratna Ghosh (Appellant) Medical Council of New South Wales (Respondent) Representation: Solicitors: Dr Ratna Ghosh (Self-represented) Medical Council of New South Wales (Respondent) File Number(s): 2018/00008057 Publication restriction: Nil