Medical Council of New South Wales v Schwartz [2022] NSWCATOD 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Medical Council of New South Wales v Schwartz [2022] NSWCATOD 80 Hearing dates: 7 and 8 March and 30 June 2022 Date of orders: 25 July 2022 Decision date: 25 July 2022 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr M Cox, Senior Member Dr M Mulligan, Senior Member R Wellington, General Member Decision: 1. The decision of the Medical Council dated 20 July 2021 to suspend Dr Schwartz's registration with effect from 5 pm on 18 June 2021, is confirmed. 2. Dr Schwartz is to pay the Medical Council's costs of these proceedings as agreed or, failing agreement, as assessed under the Legal Profession Uniform Law Act 2014 (NSW). Catchwords: HEALTH — professional registration and discipline — registration — medical practitioner – appeal from decision of Medical Council to suspend registration – new hearing Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Hogan v Hinch (2011) 243 CLR 506 Ibrahim v Pharmacy Council of NSW [2019] NSWCATOD 187 Medical Board of Australia v Leow 2019 VSC 532 Medical Council of New South Wales v Smithson [2021] NSWCA 53 O'Sullivan v Farrer (1989) 168 CLR 210 Pharmacy Council of NSW v Ibrahim [2020] NSWSC 708 Pridgeon v Medical Council of New South Wales [2022] NSWCA 60 Withyman v State of NSW [2010] NSWDC 186 Texts Cited: Australian and New Zealand College of Anaesthetists, "Guideline on sedation and/or analgesia for diagnostic and interventional medical, dental or surgical procedures" PS09(G) 2014 Category: Principal judgment Parties: Gerald Schwartz (Appellant) Medical Council of New South Wales (Respondent) Representation: Counsel: J Sleight (Appellant) A Petrie (Respondent)