Brennan v Medical Council of NSW [2023] NSWCATOD 128

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brennan v Medical Council of NSW [2023] NSWCATOD 128 Hearing dates: 31 July 2023 Date of orders: 25 August 2023 Decision date: 25 August 2023 Jurisdiction: Occupational Division Before: Stevenson ADCJ, Principal Member Decision: 1. The application of Dr Keith Brennan, filed on 24 May 2023, for a stay of the "Not to Practice" order made on 16 February 2023 is refused. 2. The costs of the stay application are reserved. Catchwords: Application for Stay Pending Appeal – Legal Unreasonableness – Competing Interests of Parties – Procedural Unfairness Legislation Cited: Health Practitioner Regulation National Law NSW) 2009 ss159,159B,165L Cases Cited: Hanna v Dental Council of New South Wales [2022] NSWCATOD 54 Segal v Medical council of New South Wales [2020] NSWCATOD 86 Legal Services Commission v Barker [2005]QCA 482 Texts Cited: None cited Category: Procedural rulings Parties: Dr Keith Brennan (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: S Maybury (Applicant) A Petrie (Respondent)

Solicitors: Meridian Lawyers (Applicant) Medical Council of New South Wales (Respondent) File Number(s): 2023/00085662 Publication restriction: Nil

REASONS FOR DECISION

The Proceedings 1. By order made on 16 February 2023 the Medical Council of New South Wales ("the Council") imposed a "Not to Practice" condition on the registration of Dr Keith Brennan ("the Applicant or the Practitioner") as a medical practitioner pursuant to the Health Practitioner Regulation National Law (NSW) ("the National Law"). On 15 March 2023 Dr Brennan filed an appeal against a decision of the Council pursuant to s.159(1)(a) and/or s.159B of the National Law. This Appeal is listed for hearing on 6 and 7 September 2023. 2. On 24 May 2023 Dr Brennan filed an Application for a stay of the decision of 16 February 2023, pending the hearing and determination of his Appeal. This Application annexed a Notice of Amended Grounds of Appeal. The Application for a Stay was brought pursuant to s.165L of the National Law.