Woolcock v Medical Board [2009] NSWMT 3

New South Wales Medical Tribunal

CITATION : Woolcock v Medical Board [2009] NSWMT 3 TRIBUNAL: Medical Tribunal PARTIES : Dr James WOOLCOCK NSW Medical Board FILE NUMBER(S) : 40009 of 2009 CORAM: Murrell, SC DCJ CATCHWORDS: Service of fresh evidence in a s 95 appeal - nature of inquiry under s 66 - nature of appeal under s 95 - jurisdiction under s 154(1). LEGISLATION CITED: Medical Practice Act 1992 ss 66, 86, 87, 95, 98 and 154, CASES CITED: Coal and Allied Operations Pty Limited v Australian Industrial Relations Commission [2000] HCA 47; Lindsay v NSW Medical Board [2008] NSWSC 40 DATES OF HEARING: 16/9/09 DATE OF JUDGMENT: 24 September 2009 LEGAL REPRESENTATIVES: Mr M Lynch for the Applicant Ms D Ward for the Respondent ORDERS:

JUDGMENT: 1 Pursuant to s 66 of the Medical Practice Act 1992, on 9 January 2009 the Medical Board imposed conditions on Dr Woolcock's practice of medicine. The Board had formed the opinion that the doctor was impaired because of his use of alcohol. Under s 95 (1)(b), the doctor lodged an appeal to the Medical Tribunal against the conditions imposed by the Board. The Board then served the doctor with the material that it proposes to place before the appeal Tribunal, including statements that were not considered at the original inquiry.

2 Meanwhile, having formed the opinion that the doctor suffered from an impairment, as required by s 66C, the Board consulted with the Health Care Complaints Commission. Neither the Board nor the Commission considered that the matter should be dealt with as a complaint. Consequently, pursuant to s 66C (6), the matter was referred to an Impaired Registrants Panel. A Panel was convened. The Panel inquiry is listed for 18 November 2009.