Nowlan v Medical Board of Australia [2022] NSWCATOD 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nowlan v Medical Board of Australia [2022] NSWCATOD 112 Hearing dates: 19 May 2022 Date of orders: 6 October 2022 Decision date: 06 October 2022 Jurisdiction: Occupational Division Before: The Hon J Stevenson, ADCJ Dr A Reid, Senior Member Dr J Aitken, Senior Member S Lovrovich, General Member Decision: (1) The decision of the Board made on 30 November 2021 is confirmed pursuant to s175(1)(a) of the National Law (2) The Appeal is dismissed pursuant to section 79(2)(b)(i) of the Civil and Administrative Tribunal Act 2013 (3) The Applicant will pay the costs of the Respondent of and incidental to the appeal, as agreed or taxed Catchwords: HEALTH – Professional registration – Application for provisional registration – Applicant unable to fulfil his proposed conditions – Consideration of Chinese Medicine Board of Australia v Lee [2014] QCA 149 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: George v Dental Board of Australia [2022] QCAT 5 Krause v Medical Board of Australia [2013] VCAT 1009 Lee v Chinese Medicine Board of Australia [2013] QCAT 609 Linquist v Nursing and Midwifery Board of Australia [2019] NSWSC 978 McMahon v Midwifery Board of Australia [2013] NSWNMT4 Nowlan v Medical Board of Australia (3) [2020] QCAT 287 Taylor v Medical Board of Australia [2018] NSWCATOD 50 Category: Principal judgment Parties: Christopher Robert Nowlan (Applicant) Medical Board of Australia (Respondent) Representation: Counsel: M. Alllars SC (Respondent)