Qasim v Medical Council of New South Wales [2021] NSWCA 173

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Qasim v Medical Council of New South Wales [2021] NSWCA 173 Hearing dates: 7 May 2021 Date of orders: 13 August 2021 Decision date: 13 August 2021 Before: Bell P at [1]; Brereton JA at [2]; Emmett AJA at [78]. Decision: Appeal dismissed with costs. Catchwords: OCCUPATIONS – Medical practitioners – Qualifications and registration – Appeal – From dismissal of reinstatement application by NCAT – Whether appellant no longer suffering from mental impairment rendering her unfit to practise – Relevance of evidence of professional competence – Relevance of patient outcomes – Relevance of psychiatric evidence – Relevance of NCAT's own observations – Appeal dismissed OCCUPATIONS – Medical practitioners – Qualifications and registration – Reinstatement application – Principles governing – Review body not permitted to review original deregistration decision Legislation Cited: (NSW) Civil and Administrative Tribunal Act 2013, Sch 5, cl 29(2)(b) (NSW) Health Practitioner Regulation National Law, ss 3(2)(a), 3A, 150, 150A, 163A, 163C Cases Cited: Ameisen v Medical Council of New South Wales [2015] NSWCATOD 49 Asar v Medical Council of New South Wales [2019] NSWCATOD 132 Health Care Complaints Commission v Qasim [2014] NSWCATOD 42 Ng v Health Care Complaints Commission [2018] NSWCATOD 105 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Qasim v Medical Council of New South Wales [2020] NSWCATOD 136 Rohatgi v Medical Tribunal of New South Wales [1994] NSWCA 270 Zaidi v Health Care Complaints Commission (1998) 44 NSWLR 82; [1998] NSWSC 335 Zaidi, Re [2006] NSWMT 6 Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Category: Principal judgment Parties: Shaheen Qasim (Appellant) Medical Council of NSW (Respondent) Representation: Counsel: Self-represented (Appellant) Mr I Fraser (Respondent)