Taylor v Medical Board of Australia [2023] NSWCATOD 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Taylor v Medical Board of Australia [2023] NSWCATOD 126 Hearing dates: 3 – 5 May 2023 Date of orders: 25 August 2023 Decision date: 25 August 2023 Jurisdiction: Occupational Division Before: The Hon G Watts, ADCJ (Principal Member) Dr A Reid (Senior Member) Dr S Cowap (Senior Member) D Telford (General Member) Decision: Orders 1. The appellant be given leave to lodge the appeal out of time. 2. The appeal is dismissed and the decision of the Medical Board of 16 May 2022 is confirmed. Costs 3. If the parties are unable to reach agreement within 14 days as to the order for costs: (a) The Medical Board is within seven days to file in writing the order for costs sought and submissions in support of those orders (b) The Practitioner is within a further seven days to file in writing any order for cost sought and submissions in support of those orders (c) The Medical Board is within a further seven days to file any further submissions in reply or indicate in writing that they do not intend to do so. 4. The order for costs is otherwise reserved. Catchwords: OCCUPATIONS- APPEAL- medical practitioner- where the Medical Board has refused the Practitioner's application for specialist registration and the Practitioner has appealed- whether the Practitioner is a suitable person, being a fit and proper person, to hold registration- where the Practitioner was charged in 2004 with criminal solicitation of a minor sexual assault- whether the Practitioner, then age 34, had groomed online a person he believed to be a deaf underage virgin and had gone to meet with her with the intention of having sexual intercourse- whether the Practitioner intentionally failed to disclose to regulatory authorities in Australia and New Zealand the criminal charge pending against him- whether the Practitioner forged the signature of another medical practitioner- consideration of the Practitioner's credibility- where the Practitioner failed to disclose charges and findings of breaches of a violence restraining order- consideration of the Practitioner's insights; his current mental disorders; the public interest and the conditions the practitioner proposes be placed upon his registration- where the Practitioner is not a person suitable for registration- where the appeal is dismissed and costs reserved Legislation Cited: Civil and Administrative Tribunal Act 2013 (New South Wales) Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (Adoption of National Law) Act 2009 Civil and Administrative Tribunal Rules 2014 NSW Cases Cited: Allesch v Maunz [2000] HCA 40 Bahramy v Medical Council of NSW [2014] NSWCATOD 116 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Limited v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 Council of New South Wales Bar Association v EFA (a pseudonym) [2021] NSWCA 339 Ex parte Tziniolas (1966) 67 SR (NSW) 448 Percy v Fox [2001] NSWCA 100 Fox v Percy (2003) 214 CLR 118 Gautam v Health Care Complaints Commission [2021] NSWCA 85 HCCC v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Cheung [2018] NSWCATOD 10 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Haasbroek [2018] NSWCATOD 177 Health Care Complaints Commission v Holbrook [2019] NSWCATOD 146 Health Care Complaints Commission v Litchfield [1997] NSWSC 297 Health Care Complaints Commission v Schmaman [2019] NSWCATOD 82 Health Care Complaints Commission v Thomas [2019] NSWCATOD 163 Hornby v Nominal Defendant [2007] NSWCA 222 Kumar v Legal Services Commissioner [2015] NSWCA 161 Lee v Health Care Complaints Commission [2012] NSWCA 80 McBride v Walton [1994] NSWCA 199 Medical Board of Australia v Koulouris [2020] VCAT 348 Neat Holdings Pty Limited v Karajan Holdings Pty Limited and Ors [1992] HCA 66 Nursing and Midwifery Board of Australia v GMR (Review and Regulation) [2020] VCAT 157 Pridgeon v Medical Council of New South Wales [2022] NSWCA-60 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 Schlaepfer v Australian Securities and Investments Commission [2021] NSWCA 129 State Rail Authority of NSW v Earthline Constructions Pty Limited (In Liquidation) [1999] HCA 3 Vito Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Windsor v Health Care Complaints Commission [2020] NSWCA 110 Wu v Nursing and Midwifery Board of Australia [2021] NSWCATOD 183 Ziems v Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279; [1957] HCA 46 Category: Principal judgment Parties: Dr Robert Taylor (Applicant) Medical Board of Australia (Respondent) Representation: Counsel: R Rodger (Applicant) R Francois (Respondent)