Larter v Paramedicine Council of NSW [2023] NSWCATOD 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Larter v Paramedicine Council of NSW [2023] NSWCATOD 12 Hearing dates: 17 - 18 November 2022 Date of orders: 08 February 2023 Decision date: 08 February 2023 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member M Smith, Senior Member W Hughes, Senior Member R Kusuma, General Member Decision: 1. The external appeal pursuant to s 159B of the Health Practitioner Regulation National Law (NSW) be dismissed. 2. Pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW), the external appeal lodged by the Appellant against the suspension of his registration as a paramedic be dismissed. 3. Pursuant to s 159C(1)(c) of the Health Practitioner Regulation National Law (NSW) the decision of the Paramedicine Council of NSW of 14 June 2022 is set aside and a new decision is made only to end the suspension of the Appellant's registration as a paramedic made on 17 September 2021 with effect from 14 June 2022. 4. The parties will now be given the opportunity to address the question of costs and are to provide short written submissions supporting their claims by 14 February 2023. Catchwords: Professions and Trades – health care professional – paramedicine – appeal against s 150 suspension of registration – utility of appeal – appeal against s 150C imposition of conditions – whether precondition for exercise of s 150 powers met Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: AVS Group Australia Pty Ltd and Tony Sleiman v Commissioner of Police [2012] NSWADTAP 24 Berger v Council of the Law Society of NSW [2013] NSWSC 278 Buckley v Council of the Law Society of New South Wales [2022] NSWSC 328 Burton v Director of Public Prosecutions [2022] NSWCA 242 Chief of Defence Force v Gaynor [2017] FCAFC 41 Coal and Allied Operations Pty Ltd v AIRC (2000) CLR 194 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 EFQ (a pseudonym) v Medical Council of New South Wales [2021] NSWCA 167 Falconer v Chief Health Officer (No. 3) [2022] WASC 270 Fox v Commissioner of Police [2016] NSWCATAD 77 Ghosh v Medical Council of New South Wales [2020] NSWCA 122; (2020) 102 NSWLR 303 Kasam v Hazzard [2021] NSWSC 1320 Kioa v West (1985) 159 CLR 550 Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 Larter v Hazzard [2021] NSWSC 1451 LibertyWorks Inc v The Commonwealth [2021] HCA 18 Lindsay v NSW Medical Board [2008] NSWSC 40 McCloy v New South Wales (2015) 257 CLR 178 Medical Council of New South Wales v Smithson [2021] NSWCA 53 NG v Chinese Medicine Board of Australia [2017] NSWCATOD 36 Pharmacy Council of NSW v Ibrahim [2020] NSWSC 708 Pridgeon v Medical Council of New South Wales [2022] NSWCA 60 Samuell v Medical Council of New South Wales [2020] NSWCATOD 149 Secretary Department of Health and Community Services v JWB (Marion's case) (1992) 175 CLR 218 Steel v Medical Council of NSW [2020] NSWCATOD 77 Trinh v Medical Council of New South Wales [2022] NSWCATOD 105 Texts Cited: None Category: Principal judgment Parties: John Edward Larter (Appellant) Paramedicine Council of NSW (Respondent) Representation: Counsel: S Prince SC (Appellant) T Wong (Appellant) H Bennett (Respondent)