Re the Medical Practice Act 1992 and Mr. Monier Gad [2006] NSWMT 4

New South Wales Medical Tribunal

CITATION : Re the Medical Practice Act 1992 and Mr. Monier Gad [2006] NSWMT 4 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission Mr. Monier Gad FILE NUMBER(S) : 40024 of 2005 CORAM: Solomon, DCJ - Giuffrida, Dr M - Yeo, Dr G - Ettinger, Ms G CATCHWORDS: Review of Deregistration Order Medical Practice Act 1992 (NSW) LEGISLATION CITED: Poisons and Therapeutic Goods Act, 1966 Pharmacy Act, 1964 Ex Parte Tziniolis 84 WN (Part 2); CASES CITED: Shariff, Medical Tribunal, 2.10.90; Eman Faraj & Ors. v. Finworld Pty Ltd, 28.4.03 DATES OF HEARING: 27.3.06, 28.3.06, 29.3.06 DATE OF JUDGMENT: 21 June 2006 ORDERS: 1. The Applicant's Application fails. 2. The Applicant is not permitted to make a further application pursuant to S.94(1)(d) of the Medical Practice Act, 1992 for a period of three years from the date of this Determination 3. The Applicant to pay the Respondent's costs of the Application.

JUDGMENT:

JUDGMENT

1 On 7 June 2005 Mr. Monier Gad ("the Applicant") made an application pursuant s.92 and s.94 of the Medical Practice Act, 1992 ("the Act") for a review of the order of the Medical Tribunal made 19 October 2001 which ordered that the Applicant's name be removed from the Register of medical practitioners.

BACKGROUND

2 The Applicant was born in Egypt on 19 January 1950. The Applicant migrated to Australia in 1974 with his family. The Applicant obtained his Bachelor of Medicine, Bachelor of Surgery degrees from the University of Sydney in 1982. On 6 April 1983 the Applicant was registered as a medical practitioner. The Applicant's registration was conditional upon him practising in a public hospital or private hospital or other institutions approved by the Medical Board for a period of twelve months. Prior to the expiration of the twelve months the conditions on the Applicant's registration were extended to two years, having regard to adverse reports about his performance.