Trinh v Medical Council of New South Wales [2022] NSWCATOD 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Trinh v Medical Council of New South Wales [2022] NSWCATOD 105 Hearing dates: 15 August 2022 Date of orders: 16 September 2022 Decision date: 16 September 2022 Jurisdiction: Occupational Division Before: Coleman SC ADCJ, Principal Member Decision: (1) The Applicant's application filed on 7 June 2022 in this matter is dismissed. (2) The Applicant's External Appeal against the orders of the Respondent pursuant to s 150 of the Health Practitioner Regulation National Law (NSW) 2009 is listed for directions before the List Manager on 30 September 2022. (3) Within 14 days, any party seeking an order for costs of the application file and serve written submissions not exceeding 7 pages in length in support of such application. (4) Within 21 days a party opposing an application for an order for costs file and serve written submissions not exceeding 7 pages in length in opposition to such application. (5) Within 21 days a party opposing an order dispensing with a hearing of any costs application pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) file and serve written submissions not exceeding 3 pages in length in support of such opposition. (6) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) publication of the name of any medical practitioner, other than the Applicant, referred to in the decision of the Tribunal, is prohibited. Catchwords: PROFESSIONS AND TRADES- health care professionals- medical practitioners- whether Medical Council lacked jurisdiction to suspend Applicant from practising medicine pursuant to s 150 of Health Practitioner Regulation National Law without referring a complaint against her to Tribunal pursuant to s 145D of National Law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) 2009 Interpretation Act 1987 (NSW) Interpretation of Legislation Act 1984 (Vic) Cases Cited: Australian Education Union v Department of Education and Children's Services [2013] HCA 3; (2013) 248 CLR 1; (2013) 285 ALR 27 Carr v Western Australia [2007] HCA 47; (2007) 232 CLR 138; (2007) 239 ALR 415 Ghosh v Health Care Complaints Commission [2020] NSWCA 122 Herald & Weekly Times Pty Limited v Victoria [2006] VSCA 146; (2006) 25 VAR 124 K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd [1985] HCA 48; (1985) 157 CLR 309 Lake Burrendong State Park Trust v Thompson [2011] NSWSC 1554 Medical Council of New South Wales v Smithson [2021] NSWCA 53 Mills v Meeking [1990] HCA 6; (1990) 169 CLR 214; (1990) 91 ALR 16 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 219 CLR 597; (2002) 187 ALR 117; (2002) 76 ALJR 598 Pridgeon v Medical Council of New South Wales [2022] NSWCA 60 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 SAS Trustee Corporation v Miles [2018] HCA 55; (2018) 361 ALR 206 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 347 ALR 405; (2017) 91 ALJR 936 Victims Compensation Fund Corporation v Brown [2003] HCA 54; (2003) 201 ALR 260; (2003) 77 ALJR 1797 Category: Principal judgment Parties: Dr My Le Trinh (Applicant) Medical Council of New south Wales (Respondent) Representation: Counsel: I Fraser (Respondent)