Smithson v Medical Council of NSW (No 2) [2021] NSWCATOD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smithson v Medical Council of NSW (No 2) [2021] NSWCATOD 133 Hearing dates: 16 – 17 August 202 24 August 2021 – written submissions Date of orders: 03 September 2021 Decision date: 03 September 2021 Jurisdiction: Occupational Division Before: A Balla ADCJ, Principal Member Dr K Koster, Senior Member Prof J Saunders, Senior Member Dr C Berglund, General Member Decision: (1) Pursuant to s 159C of the Health Practitioner Regulation National Law (NSW), the suspension imposed pursuant to s 150(1)(a) of the National Law against Dr Smithson on 14 July 2020 be set aside subject to Dr Smithson complying with the conditions as set out in the Schedule to these Reasons. (2) Each party to pay his and its own costs in: (a) Smithson v Medical Council of NSW [2020] NSWCATOD 105; and (b) Smithson v Medical Council of NSW [2021] NSWCATOD 17; and (c) This application. (3) The Medical Council of NSW is the appropriate review body in respect of the conditions on Dr Smithson's registration. Catchwords: OCCUPATIONS — Medical practitioners — Misconduct and discipline — Disciplinary tribunal Legislation Cited: Health Practitioner Regulation National Law (NSW) ss 3, 3A, 150, 159, 159C, Sch 5D Cases Cited: Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Jonathan Smithson (Appellant) Medical Council of NSW (Respondent) Representation: Counsel: P Dwyer (Appellant) A Petrie (Respondent)