In Re Dr ST [2005] NSWMT 17

New South Wales Medical Tribunal

CITATION : In Re Dr ST [2005] NSWMT 17 TRIBUNAL: Medical Tribunal PARTIES : Dr ST (Appellant) Health Care Complaints Commission (Respondent) FILE NUMBER(S) : 40032 of 2005 CORAM: Walmsley, SC DCJ - Toh, Dr S - Glass, Assoc Prof A - Pasfield, Dr M CATCHWORDS: Appeal from Professional Standards Committee - Removal of condition on right to practice LEGISLATION CITED: Ss 87(1)(b), 61(1)(c) Medical Practice Act 1992 (NSW) HCCC v Litchfield (1997) 41 NSWLR 630; CASES CITED: John Fairfax Pty Ltd and Anor v District Court of New South Wales and Ors [2004] NSWCA 324 ; Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; Refrigerated Express Lines Pty Ltd v Australian Meat and Livestock Association 29 ALR 333; DATES OF HEARING: 9 December 2005 DATE OF JUDGMENT: 9 December 2005 LEGAL REPRESENTATIVES: Mr M Lynch (Applicant) Ms G Furness (Respondent) ORDERS: 1. Appeal Allowed 2. The Tribunal makes orders (a) and (b) in the 'amended notice of appeal' filed in court today 3. Respondent to pay the appellant's costs 4. Non-Publication Order made with respect to names and addresses of all patients and of the Appellant.

JUDGMENT:

DEPUTY CHAIRPERSON:

1 This appeal is about the appropriateness of the imposition by the Professional Standards Committee of a condition on ST's right to practise, that his records be subject to certain audits at his expense.

2 On 6 July 2005, ST, the appellant, was found guilty of unsatisfactory professional conduct by that committee, which is constituted under part 12 of division 1 of the Medical Practice Act 1992, ("the Act").