Hyland v Medical Council of New South Wales [2021] NSWCATOD 199

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hyland v Medical Council of New South Wales [2021] NSWCATOD 199 Hearing dates: 17 November 2021 Date of orders: 8 December 2021 Decision date: 08 December 2021 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr A Reid, Senior Member Dr J Fogarty, Senior Member Decision: P Macneill, General Member 1. The decision of the Medical Council made on 2 September 2021 to suspend Mr Hyland's registration as a student is terminated. 2. The appeal with respect to a point of law under s 159B of the Health Practitioner Regulation National Law (NSW) is dismissed. 3. Under clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW), The Medical Council of New South Wales is to pay Mr Hyland's costs as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). 4. Under clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW), in proceedings 2021/00248385, Hyland v Medical Council of New South Wales [2021] NSWCATOD 167, Mr Hyland is to pay the costs of the Medical Council of New South Wales as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONS AND TRADES – registered medical student – external appeal from decision of Medical Council to suspend student registration – appeal as of right and appeal with respect to a point of law– where student charged with criminal offences relating to domestic violence and common assault – where student found not guilty of charges in 2019 – where 2021 criminal charges remain pending and student has pleaded not guilty – whether Tribunal should make an order under s 150 of the Health Practitioner Regulation National Law (NSW) to suspend the student's registration Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Hogan v Hinch (2011) 243 CLR 506 Medical Board of Australia v Liang Joo Leow [2019] VSC 532 Medical Council of New South Wales v Smithson [2021] NSWCA 53 Medical Practitioners Board of Victoria v Lal [2009] VSCA 109 O'Sullivan v Farrer (1989) 168 CLR 210 Pharmacy Council of NSW v Ibrahim [2020] NSWSC 708 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Steel v Medical Council of NSW [2020] NSWCATOD 77 Woolcock v Medical Board [2009] NSWMT 3 Category: Principal judgment Parties: Cameron Hyland (Appellant) Medical Council of New South Wales (Respondent) Representation: Counsel: M Hutchings (Appellant) H Bennett (Respondent)