Reimers v Medical Board of Australia [2023] NSWCATOD 192

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Reimers v Medical Board of Australia [2023] NSWCATOD 192 Hearing dates: 21 November 2023 Date of orders: 22 December 2023 Decision date: 22 December 2023 Jurisdiction: Occupational Division Before: Coleman SC ADCJ, Principal Member Dr M Chu, Senior Member Dr J Saunders, Senior Member Mr M Christensen, General Member Decision: 1. The appeal is dismissed. 2. The Appellant pay the Respondent's costs of the proceedings as agreed or assessed on the ordinary basis. 3. If the Appellant seeks to vary order (2) of these orders he is to file written submissions not exceeding 5 pages in length in support of such variation within 21 days of the Tribunal's decision. 4. In the event that the Appellant files written submissions seeking to vary order (2) the Respondent file and serve written submissions not exceeding 5 pages in length in opposition to such orders within 42 days of the Tribunal's decision. Catchwords: PROFESSIONS AND TRADES- HEALTH PRACTITIONERS- where practitioner appealed against Medical Board's refusal of application for specialist registration- whether practitioner suitable person to be registered as specialist anaesthetist- whether practitioner fit and proper person to be registered as specialist anaesthetist- whether practitioner unable to practise as specialist anaesthetist competently and safely Legislation Cited: Civil and Administrative Tribunal Act (2013) (NSW) Health Practitioner Regulation National Law (NSW) (2009) Cases Cited: Australian Broadcasting Tribunal v Bond ("Bond Media Case") (1990) 170 CLR 321; [1990] HCA 33 Chen v Health Care Complaints Commission [2017] NSWCA 186 Council of Bar Association of New South Wales v EFA (a pseudonym) [2021] NSWCA 339 Hanna v Medical Council of New South Wales [2019] NSWCATOD 139 Health Care Complaints Commission v Do [2014] NSWCA 307 McDonald v Director-General of Social Security (1984) 1 FLR 354 Peter Cecil Harcourt Dawson v Law Society of New South Wales [1989] NSWCA 58 Project Blue Sky Inc v Australian Broadcasting Association (1998) 194 CLR 355; [1998] HCA28 Reimers v Medical Council of New South Wales [2018] NSWCATOD 180 S v State Administrative Tribunal [2012] WASC 306 Smithson v Medical Council of New South Wales [2016] NSWCATOD 82 Taylor v Medical Board of Australia [2023] NSWCATOD 126 Ziems v Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279; [1957] HCA 46 Texts Cited: None cited Category: Principal judgment Parties: Dr Gerrit Reimers (Appellant) Medical Board of Australia (Respondent) Representation: Counsel: O Jones (Respondent)