Segal v Medical Council of NSW [2024] NSWCATOD 139

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Segal v Medical Council of NSW [2024] NSWCATOD 139 Hearing dates: 19 and 20 June 2024 Date of orders: 06 September 2024 Decision date: 06 September 2024 Jurisdiction: Occupational Division Before: Acting Judge Levy SC, Principal Member Dr S Patel, Senior Member Dr D King, Senior Member F Taylor, General Member Decision: (1) Pursuant to s 163(1)(c) of the Health Practitioner Regulation National Law (NSW) 2009, the applicant, Shaun Segal, may apply to the Medical Board of Australia for registration to reinstate him to the register of medical practitioners subject to the practice and health conditions listed in the Appendix to these reasons. (2) The Medical Council of NSW is the appropriate review body for the purposes of Part 8, Division 8 of the Health Practitioner Regulation National Law (NSW) 2009. (3) Pursuant to clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW) 2009, the applicant is to pay the respondent's costs of these proceedings on the ordinary basis as agreed or assessed. Catchwords: OCCUPATIONS - registration of medical practitioners – application by deregistered general practitioner following findings of unsatisfactory professional conduct and professional misconduct – practitioner's behaviour was found to have crossed the professional boundary between doctor and patient - application for re-registration following expiry of preclusion period – whether former practitioner's insight into the events which led to misconduct and deregistration has been sufficiently addressed by appropriate remedial steps – whether public health and safety adequately protected if reinstated – order for reinstatement Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36, s 64 Evidence Act 1995 (NSW), s 128 Health Practitioner Regulation National Law 2009 (NSW), s 3, s 3A, s 3B, s 113, s 116, s 139B, s 139E, s 149C, s 149E, s 150, s 150A, s 150D, s 163A, s 163B and s 163C Cases Cited: Ameisen v Medical Council of NSW [2015] NSWCATOD 49 Bonitto v Fuerst Bros & Co Ltd [1944] AC 75 Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Brown v Dunn (1873) 6 R 67 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Coe v Health Care Complaints Commission [2013] NSWMT 12 Danaei v Medical Council of New South Wales [2024] NSWCATOD 116 Dawson v Law Society of NSW [1989] NSWCA 58 Evatt v New South Wales Bar Association (NSW Court of Appeal unreported, 12 April 1972) Evatt v New South Wales Bar Association (NSW Court of Appeal unreported, 15 December 1981) Ex Parte Lenehan (1948) 77 CLR 403, 422; [1948] HCA 5 Haber v Health Care Complaint Commission [2018] NSWCATOD 16 Health Care Complaints Commission v Segal [2022] NSWCATOD 71 Health Care Complaints Commission v Segal (No 2) [2023] NSWCATOD 6 Jan v Health Care Complaints Commission [2021] NSWSC 350 Jones V Dunkel [1959] HCA 8; (1959) 101 CLR 298 JPQS Pty Ltd v Cosmarnan Constructions Pty Ltd [2003] NSWCA 66 Luxton v Vines (1952) 85 CLR 352; [1952] HCA 19 Mason v Demasi [2009] NSWCA 227 Moage Ltd (in liq) v Jagelman [1998] 153 ALR 711 Ng v Health Care Complaints Commission [2018] NSWCATOD 105 Qasim v Medical Council of New South Wales [2021] NSWCA 173 Re Mansoor Haider Zaidi [2006] NSWMT 6 St Clair v Timtalla Pty Ltd and Anor (No 2) [2010] QSC 480 Vaccaro v MLC Limited [2016] NSWDC 85 Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Zepinic v Health Care Complaints Commission [2018] NSWCATOD 92 Texts Cited: E Brooks, M H Gendel, S R Early, D C Gundersen & J H Shore, "Physician Boundary Violations in a Physician's Health Program: A 19-Year Review" (2012) J Am Acad Psychiatry Law 40(1) Good Medial Practice: A Code of Conduct for Doctors in Australia Category: Principal judgment Parties: Shaun Segal (Applicant) Medical Council of NSW (Respondent) Representation: Counsel: R Mathur SC (Applicant) K Hooper (Respondent)