Dr Montaser Mekha v The Medical Board of NSW [2009] NSWMT 11

New South Wales Medical Tribunal

CITATION : Dr Montaser Mekha v The Medical Board of NSW [2009] NSWMT 11 TRIBUNAL: Medical Tribunal PARTIES : Dr Montaser Mekha The Medical Board of New South Wales FILE NUMBER(S) : 40024 of 2009 CORAM: Puckeridge, QC DCJ - Child, Dr D - Abouyanni, Dr G - Kiel, Ms H CATCHWORDS: English language proficiency - International English Language Testing System (IELTS) - International Medical Graduate (IMG) LEGISLATION CITED: Medical Practice Act 1992 (NSW) CASES CITED: DATES OF HEARING: 07/09/09, 09/09/09, 14/09/09, DATE OF JUDGMENT: 9 December 2009 LEGAL REPRESENTATIVES: Self represented Mr P Ginters ORDERS: 1)The Tribunal refuses the application of the appellant that he be exempted from the English language proficiency requirements. The conditions imposed by the Medical Board to remain.; 2)The appellant to pay half the costs of the Medical Board in respect of the appeal.

JUDGMENT: - 12 -

JUDGMENT

1 Section 13(a) of the Medical Practice Act provides that the Board must not register a person as a medical practitioner unless satisfied that that person is competent to practice medicine, which competence according to the subparagraph (a) includes an adequate command of the English language. 2 Section 7(1) provides for conditional registration under certain provisions. Provision (A) states that a person who is a graduate of medicine from an institution which is not accredited by the Australian Medical Council may be registered on a temporary basis to enable the person to undertake a period of post graduate training in medicine approved by the Board. Provision (G) provides that a person may be registered on a temporary basis if the Board is satisfied that it is in the public interest to do so.