Tran v Medical Council of New South Wales [2024] NSWCATOD 185

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tran v Medical Council of New South Wales [2024] NSWCATOD 185 Hearing dates: 21 August 2024 Date of orders: 14 November 2024 Decision date: 14 November 2024 Jurisdiction: Occupational Division Before: Seiden SC DCJ, Deputy President Dr T Salonga, Senior Member Dr S Cowap, Senior Member R Kusuma, General Member Decision: (1) Pursuant to s 163B(1)(c) of Health Practitioner Regulation National Law (NSW) 2009, the Tribunal makes a reinstatement order. (2) Pursuant to s 163B(4), the Tribunal imposes conditions on the applicant's registration the subject of the reinstatement order. The conditions are set out at paras [74]–[75] of the Tribunal's reasons for decision. (3) The applicant is to pay the respondent's costs pursuant to cl 13 of Sch 5D of the National Law, as agreed or as assessed. Catchwords: OCCUPATIONS — medical practitioner — application for reinstatement — whether the practitioner has developed insight — reinstatement application granted with conditions Legislation Cited: Civil and Administrative Tribunal 2013 Act (NSW) Health Practitioner Regulation National Law (NSW) 2009 Health Practitioner Regulation (New South Wales) Regulation 2016 (NSW) Cases Cited: Ake v Health Care Complaints Commission [2019] NSWCATOD 165 Hart v Medical Council of New South Wales [2024] NSWCATOD 21 Health Care Complaints Commission v Tran [2022] NSWCATOD 129 Jan v Health Care Complaints Commission [2021] NSWSC 350 Medical Council of New South Wales v Mooney [2024] NSWCA 180 Moslemi v Health Care Complaints Commission [2022] NSWCATOD 170 Qasim v Medical Council of New South Wales [2021] NSWCA 173 Ristevski v Medical Council of NSW [2016] NSWCATOD 18 Texts Cited: Australian Medical Associations, National Code of Practice – Hours of work, shiftwork and rostering for hospital doctors, 2006 Medical Board of Australia, Guidelines: Sexual boundaries in the doctor-patient relationship, 2018 Medical Board of Australia, Good medical practice: a code of conduct for doctors in Australia, 2020 Category: Principal judgment Parties: Vincent Dzung Tran (applicant) Medical Council of New South Wales (respondent) Representation: Counsel: I Chatterjee (applicant) K Sharma (respondent)