McCroary v Medical Council of New South Wales [2020] NSWCATOD 139

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McCroary v Medical Council of New South Wales [2020] NSWCATOD 139 Hearing dates: 20 November 2020 Date of orders: 20 November 2020 Decision date: 26 November 2020 Jurisdiction: Occupational Division Before: J Boland AM ADCJ, Deputy President Decision: Pursuant to s 163(1)(a1) of the Health Practitioner Regulation National Law the appropriate review body to review the conditions imposed on the registration of Dr Kenneth McCroary by the Tribunal on 19 July 2019 is the Medical Council of New South Wales. Catchwords: HEALTH – professional registration and discipline – registration – where medical practitioner seeks an order that the Medical Council of New South Wales is the appropriate review body to review orders made by Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v McCroary [2019] NSWCATOD 115 Texts Cited: Nil Category: Procedural and other rulings Parties: Dr Kenneth McCroary (Applicant) Medical Council of New South Wales (Respondent) Representation: Solicitors: Avant Law Pty Ltd (Applicant) Medical Council of New South Wales (Respondent) File Number(s): 2020/00304055 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. On 20 November 2020, by consent, I made orders appointing the Medical Council of New South Wales as the appropriate review body to review orders made by the Tribunal on 19 July 2020 under the Health Practitioner Regulation National Law (the National Law) about Dr Kenneth McCroary (the practitioner). These are the reasons for the orders made.