Dr Lindsay v The Medical Board of NSW [2008] NSWMT 1

New South Wales Medical Tribunal

CITATION : Dr Lindsay v The Medical Board of NSW [2008] NSWMT 1 TRIBUNAL: Medical Tribunal PARTIES : Dr David Charles Lindsay The Medical Board of New South Wales FILE NUMBER(S) : 40023 of 2007 CORAM: Ainslie-Wallace, DCJ - Wright, Dr J M - Spark, Dr R - Smith, Mr RJ - CATCHWORDS: Impairment - Tribunal must determine whether action is necessary to protect the life, physical or mental health of any person LEGISLATION CITED: Medical Practice Act 1992, s66 & s95 CASES CITED: DATES OF HEARING: 2.4.2008 to 4.4.2008 DATE OF JUDGMENT: 15 April 2008 LEGAL REPRESENTATIVES: P Bruckner of Counsel I Bourke of Counsel ORDERS: The Tribunal dismisses the appeal and confirms the suspension of 12.2.1008.; appellant to pay the respindent's costs.

JUDGMENT: THE MEDICAL TRIBUNAL Tuesday 15th April 2008 OF NEW SOUTH WALES AT SYDNEY No. 40023 of 2007 BETWEEN David Charles Lindsay Appellant The Medical Board of NSW Respondent

Deputy Chair: Judge A M Ainslie-Wallace Members: Dr J M Wright Dr R Spark Mr R Smith

Orders and Reasons for Determination Order:

Pursuant to Clause 6 of Schedule 2 to the Medical Practice Act 1992 the Tribunal has made a Non Publication Order in respect of the names of the patients referred to in the proceedings.

Introduction:

1 On 14th December 2007 an Inquiry was conducted pursuant to section 66 of the Medical Practice Act 1992 (the Act). The delegates to the Inquiry determined that it was necessary to take action under section 66 and the appellant's right to practise medicine was suspended for 8 weeks from the 19th December 2007. On 8th February 2008, the Chairman of the Medical Tribunal approved an extension of the period of suspension for a further period of 8 weeks until 8th April 2008.