Currie v Medical Council of New South Wales [2021] NSWCATOD 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Currie v Medical Council of New South Wales [2021] NSWCATOD 121 Hearing dates: 5 August 2021 Date of orders: 2 September 2021 Decision date: 02 September 2021 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Decision: (1) The application for a stay of Condition 2 of the reasons of the Medical Council is refused. (2) Pursuant to cl 1 to Schedule 5D of the Health Practitioner Health Practitioner Regulation National Law (NSW), publication of the name and address of any current or former patient of Dr Currie's referred to in these reasons for decision or the material filed with the Tribunal is prohibited. (3) The paragraphs of these written reasons marked [NOT FOR PUBLICATION] are not to be published except to the parties. Catchwords: PROFESSIONS AND TRADES – health practitioner, registered medical practitioner – application for a stay pending the hearing of an appeal on a point of law – non-publication order in respect of practitioner refused Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 JL v Secretary, Department of Family and Community Services [2015] NSWCA 88 Kirby v Dental Council of NSW [2020] NSWCA 91 Lee v Health Care Complaints Commission [2012] NSWCA 80 Medical Council of New South Wales v Lee [2017] NSWCA 282 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Segal v Medical Council of New South Wales [2020] NSWCATOD 86 Steel v Medical Council of NSW [2020] NSWCATOD 77 Texts Cited: Sexual Boundaries Guidelines: Medical Board of Australia, Guidelines – Sexual boundaries in the doctor-patient relationship, December 2018 Category: Principal judgment Parties: Dr Carl Currie (Appellant) Medical Council of New South Wales (Respondent) Representation: Counsel: S Beckett (Appellant) A Petrie (Respondent)