Ghobashy v Medical Board of Australia [2022] NSWCATOD 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ghobashy v Medical Board of Australia [2022] NSWCATOD 113 Hearing dates: 13 & 29 July 2022 and 17 & 18 August 2022 Date of orders: 10 October 2022 Decision date: 10 October 2022 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member. Professor K Wilhelm, Senior Member. S Lovrovich, General Member Decision: (1) The Appeal filed by the Appellant is dismissed. (2) The Respondent is to file and serve within 14 days, notice of the order it seeks in relation to the costs of the appeal, together with a submission of no more than 4 A4 pages in length, which supports the order sought. (3) The Appellant is to file and serve within 14 days of receipt of the submission of the Respondent addressing costs, a submission of no more than 4 A4 pages in length, replying to the submission of the Respondent and setting out the costs order the Appellant seeks. (4) The decision of the Tribunal on costs is reserved. Catchwords: HEALTH – Member of Tribunal vacates office before appeal is concluded section 165C of National Law applied - Limited Registration - Appeal against refusal by Ahpra to grant Limited Registration on the Standard Pathway at Level 3 supervision - Appellant invited to apply for lower position at higher level of supervision Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Barrett v Medical Board of Australia [2012] NSWMT 21 Health Care Complaints Commission v Dowla (Jurisdictional Application) [2018] NSWCATOD 96 Medhat Dous v Medical Board of Australia [2022] NSWCATOD 66 Susan McMahon v Nursing and Midwifery Board of Australia [2013] NSWNMT 4 Texts Cited: nil Category: Principal judgment Parties: Waleed Ghobashy (Appellant) Medical Board of Australia (Respondent) Representation: Counsel: J Curtin (Respondent)