Schwartz v Medical Board of Australia [2021] NSWCATOD 114

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Schwartz v Medical Board of Australia [2021] NSWCATOD 114 Hearing dates: 21 April 2021 Date of orders: 16 August 2021 Decision date: 16 August 2021 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Decision: The purported appeal is dismissed for want of jurisdiction. Catchwords: OCCUPATIONS — Medical practitioners — Qualifications and registration - jurisdiction Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (repealed) Category: Principal judgment Parties: Dr Liliana Schwartz (Appellant) Medical Board of Australia (Respondent) Representation: A Schwartz (Agent) (Appellant) Clayton Utz Lawyers (Respondent) File Number(s): 2021/00014618 Publication restriction: Nil

REASONS FOR DECISION 1. Dr Schwartz, a pathologist, sought to have her registration in the State of Israel as 'an expert in the field of Anatomy Pathology' recorded as a qualification on the public register ('the Register') maintained by the Medical Board of Australia ('the Board') under s 223 of the Health Practitioner National Law 2009 (NSW) ('the National Law'). Dr Schwartz lodged an 'Application for specialist registration' with the Australian Health Practitioner Regulation Agency (AHPRA) on 14 September 2020. 2. An officer of AHPRA declined to make the addition to the Register sought by Dr Schwartz. That decision, and the reasons for that decision, were communicated to Dr Schwartz in an email dated 21 September 2020. 3. Dr Schwartz has lodged an 'External Appeal Form' seeking to appeal from the Board's decision to the Tribunal. 4. The Board asserts that the Tribunal has no jurisdiction in relation to the matter. 5. Dr Schwartz is presently registered on the Register as having a specialty in Forensic Pathology. 6. At the hearing of the matter, Mr Schwartz, who is Dr Schwartz's husband, appeared as her agent.