IN RELATION TO THE MEDICAL TRIBUNAL OF NEW SOUTH WALES HEARING CONCERNING DR IBRAHIM [1991] NSWCA 153

IN RELATION TO THE MEDICAL TRIBUNAL OF NEW SOUTH WALES HEARING CONCERNING DR IBRAHIM

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY JA 30 January 1991

[1991] NSWCA 153

Mahoney JA This matter comes before the court on an oral application in the following circumstances: I am informed by Miss Bergin who appears for the applicant, that a proceeding is presently pending before the Medical Tribunal of New South Wales in respect of her client who is a medical practitioner. I am informed that an application was made to the Tribunal for the proceedings to be adjourned or stayed temporarily because there are, it is said, criminal proceedings in respect of the same matter, the same circumstances, pending before a criminal court. On inquiry I was informed that the criminal proceedings consist of committal proceedings which apparently have been commenced and are fixed for hearing at a date some little time in the future.

The submission has been made that (I put the matter generally) the proceedings before the Medical Tribunal should not proceed until the criminal proceedings are dealt with upon, as I would describe the matter compendiously, natural justice grounds.

The Tribunal has, I am informed, been disposed not to accede to that application and indicated that it would proceed with the matter. The view has been taken on behalf of the doctor, that this action of the Tribunal constitutes a "decision of the Tribunal" under s32U(1) of the Medical Practitioners' Act 1938 as it presently stands and that an appeal lies against that decision to the Supreme court in accordance with s32U. The contention has been that once an appeal is brought in respect of that decision "in respect to a point of law", then s32U(6)(a) operates by force of the Statute to require that the Tribunal not continue until the appeal to the Supreme Court has been disposed of.