Re A Practitioner [2010] NSWMT 18

New South Wales Medical Tribunal

CITATION : Re A Practitioner [2010] NSWMT 18 revised - 10/08/2011 TRIBUNAL: Medical Tribunal PARTIES : A Practitioner NSW Medical Council FILE NUMBER(S) : 40007 of 2010 CORAM: Murrell, SC DCJ - Kendrick, Dr J - Abouyanni, Dr G - Ettinger, Ms G CATCHWORDS: Appeal against refusal of general registration - Appeal against conditions imposed on general registration - Role of Medical Council to provide assistance and support to practitioners - Duty of Medical Council to protect public health and safety LEGISLATION CITED: Medical Practice Act 1992 CASES CITED: DATES OF HEARING: 18.10.2010-19.10.2010 EX TEMPORE 19 October 2010 JUDGMENT DATE : Mr M. Lynch Holman Webb Lawyers LEGAL REPRESENTATIVES: Ms G Furness SC NSW Medical Council ORDERS: The respondent is to pay the appellant's costs of each appeal.; NON-PUBLICATION ORDER

JUDGMENT:

1 There is an application for costs in relation to: (a) Appeal 40039 of 2009, an appeal against a refusal of general registration that was abandoned when the respondent was granted a Schedule 1 inquiry into the question of registration. (b) An appeal against the conditions imposed on general registration following the Schedule 1 inquiry. The appeal was resolved this morning (The second of the two days set aside for hearing of the appeal) by the tender of Exhibit X, being revised agreed conditions. The Tribunal considered that those conditions were appropriate.

2 The practitioner was first registered in January 1980. Following a period as an intern and resident medical officer, she worked as a general practitioner until 1995. She left general practice in order to care for a child who required intensive attention.