Puri v Medical Council of New South Wales [2024] NSWCATOD 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Puri v Medical Council of New South Wales [2024] NSWCATOD 87 Hearing dates: 03 May 2024 (last submissions received 24 May 2024) Date of orders: 01 July 2024 Decision date: 01 July 2024 Jurisdiction: Occupational Division Before: Seiden SC DCJ, Deputy President Decision: (1) The decision of the Delegates dated 24 June 2023 suspending the applicant's registration is stayed on the conditions set out below, pending the determination of his appeal under s 159B of the National Law. (2) The following conditions are imposed on his registration: (a) To obtain Medical Council of NSW approval prior to changing the nature or place of practice. (b) To practise in a group practice approved by the Medical Council of NSW where there are at least two registered medical practitioners (excluding the subject practitioner) and; (i) Where the patients and patient records are shared between medical practitioners (ii) Where there is always one other registered medical practitioner on site (c) Not to prescribe, to consult, examine, treat or perform any procedures on any female person. (i) The practitioner may only provide emergency medical services to such persons in compliance with s 139C(c) of the Health Practitioner Regulation National Law. (ii) If any such event occurs, the practitioner must notify the Medical Council of NSW within 24 hours and provide details of the event and any other information as requested by the Council. (d) Not to prescribe to, consult, examine, treat or perform any procedures on any persons under the age of 18. (i) The practitioner may only provide emergency medical services to such persons in compliance with s 139C(c) of the Health Practitioner Regulation National Law. (ii) If any such event occurs, the practitioner must notify the Medical Council of NSW within 24 hours and provide details of the event and any other information as requested by the Council. (e) Not to undertake any telehealth consultations or home visits. (f) To practise under category B supervision in accordance with the Medical Council of NSW's Compliance Policy – Supervision (as varied from time to time) and as subsequently determined by the appropriate review body. (i) At each supervision meeting the practitioner is to review and discuss his practice with his approved supervisor with particular focus on: (A) Professionalism and professional ethics; (B) Maintaining appropriate professional boundaries with patients; (C) Compliance conditions, the Medical Board of Australia's "Good Medical Practice: A Code of Conduct for Doctors in Australia" and "Guidelines: Sexual Boundaries in the Doctor-Patient Relationship"; (D) Workload management; and (E) Clinical performance, including assessment and management of patients. (ii) To authorise the Medical Council of NSW to provide the approved supervisor(s) with a copy of the decision which imposed this condition and any other decision or report as determined by the Council. (iii) Not to practise until a supervisor has been approved by the Medical Council of NSW. (g) To submit to a random inspection of the practitioner's medical practice by a person or persons nominated by the Medical Council of NSW: (i) The inspection is to be held as required by the Council to assess his compliance with the conditions imposed on his registration. The auditor(s) may: (A) Inspect medical records; (B) Access, copy or retrieve appointment diaries, patient booking schedules and contact details. (ii) To authorise the inspector(s) to provide the Council with a report on their findings. (h) To authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia for the purpose of monitoring compliance with these conditions. (3) The application for a non-disclosure order and non-publication order of the applicant's name is refused. (4) The applicant is to advise the Tribunal within 28 days as to whether he intends to appeal from order 3. (5) Pending notification of an appeal, the applicant's name is to be replaced with initials. If the applicant does not advise the Tribunal within 28 days that he intends to appeal, the name of the applicant will be substituted for initials. (6) The parties are to exchange and file their submissions on costs within 14 days of the date of this decision, including on whether the costs decision may be dealt with on the papers. Catchwords: ADMINISTRATIVE LAW — Tribunal's source of power to make non-suppression and non-disclosure orders in health disciplinary proceedings — Whether a non-disclosure and non-publication order should be made — Concurrent criminal proceedings HEALTH — General medical practitioner — Suspension of registration under s 150 of the National Law — Appeal under s 159B of the National Law HEALTH — Application for a stay of the suspension decision — Whether there is an arguable appeal — Appeals "with respect to a point of law" under s 159B of the National Law — Whether the Delegates applied the correct statutory test — Whether the suspension of registration by the Delegates was a discretionary task — Whether the Delegates took into account irrelevant considerations or failed to consider a mandatory consideration Legislation Cited: Civil and Administrative Legislation (Repeal and Amendment) Act 2013 (NSW) Civil and Administrative Tribunal 2013 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Health Practitioner Regulation National Law (NSW) 2009 Cases Cited: Aldridge v Keaton [2009] FamCAFC 106 Ansari v Medical Council of New South Wales [2021] NSWCATOD 138 Arnold v Crawford [2024] NSWCATAP 62 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Caltex Refineries (Qld) Pty Ltd v Stavar [2009] NSWCA 258 Chen v Health Care Complaints Commission [2017] NSWCA 186 Chief Commissioner of State Revenue v E Group Security Pty Ltd [2022] NSWCA 115 Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16 Coal and Allied Operations Pty Ltd v AIRC (2000) CLR 194 at 205; [2000] HCA 47 Commissioner of Police, NSW Police Force v Hogan [2024] NSWCATAP 77 Da Ros v Qantas Airways Ltd [2010] NSWCA 89 Director of Public Prosecutions Reference No 1 of 2019, Re (2021) 274 CLR 177; [2021] HCA 26 DPD v Nursing and Midwifery Council of NSW [2019] NSWCATOD 102 Dupas v The Queen (2010) 241 CLR 237; [2010] HCA 20 EFQ v Medical Council of NSW [2020] NSWCATOD 135 Ghosh v Medical Council of New South Wales (2020) 102 NSWLR 303; [2020] NSWCA 122 Hampshire v Health Care Complaints Commission [2021] NSWCA 283 Hanna v Dental Council of New South Wales [2022] NSWCATOD 54 Health Care Complaints Commission v BXD (No 2) [2015] NSWCATOD 135 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v FDE [2021] NSWCATOD 215 Health Care Complaints Commission v FSF [2024] NSWCATOD 32 Health Care Complaints Commission v GGZ [2024] NSWCATOD 53 Health Care Complaints Commission v Karalsingham [2007] NSWCA 267 Health Care Complaints Commission v Limboro [2018] NSWCATOD 117 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Heath Care Complaints Commission v Reid (Publication Application) [2019] NSWCATOD 31 House v The King (1936) 55 CLR 499; [1936] HCA 40 Kirby v Dental Council of New South Wales [2020] NSWCA 91 Kirk v Industrial Relations Commission of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Kollias v Pharmacy Council of New South Wales [2024] NSWCATOD 49 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lee v New South Wales Crime Commission (2013) 251 CLR 196; [2013] HCA 39 Legal Service Commissioner v Baker [2005] QCA 482 Lindsay v Health Care Complaints Commission [2010] NSWCA 194 Mappa v Medical Council of New South Wales [2021] NSWCATOD 159 McCarthy v Health Care Complaints Commission (No 2) [2020] NSWCATOD 24 McCarthy v Health Care Complaints Commission [2019] NSWCATOD 142 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Medical Council of New South Wales v Lee [2017] NSWCA 282 Minister Administering the Crown Lands Act v New South Wales Aboriginal Land Council [2009] NSWCA 352 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541; [2018] HCA 30 Nationwide News Pty Ltd v JS [2022] NSWSC 774 Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220 PR v MDM [2020] NSWCATAP 151 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Pridgeon v Medical Council of New South Wales (2022) 108 NSWLR 263; [2022] NSWCA 60 Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 264 CLR 1; [2018] HCA 4 S395 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473; [2003] HCA 71 Segal v Medical Council of New South Wales [2020] NSWCATOD 86 Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 40 Turner v Pharmacy Council of New South Wales [2022] NSWCATOD 156 Warren v Coombes (1979) 142 CLR 531; [1979] HCA 9 Watson v Qantas Airways Ltd [2009] NSWCA 322 Texts Cited: Nil Category: Procedural rulings Parties: Deepak Shadilal Puri (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: R Mathur SC with W Bruffey (Applicant) O Jones (Respondent)