Wickremesinghe v Medical Council of New South Wales [2012] NSWMT 3

Medical Tribunal New South Wales Medium Neutral Citation: Wickremesinghe v Medical Council of New South Wales [2012] NSWMT 3 Hearing dates: 6 - 9 February 2012 Decision date: 12 March 2012 Before: Staff J; Dr I Rotenko; Dr M Friend; Ms J Houen Decision: 1. Pursuant to s 159C of the Health Practitioner Regulation National Law (NSW) the Tribunal imposes conditions upon the registration of Dr Wickremesinghe, as set out in Annexure A. 2. The Tribunal orders that the Medical Council of New South Wales shall be the appropriate review body for the purpose of any review of these conditions. The Medical Council may remove or vary the conditions as it considers appropriate. 3. Dr Wickremesinghe is to pay the costs of the Medical Council of New South Wales. Catchwords: Appeal - failure of Medical Council of New South Wales to remove conditions imposed on medical practitioner's employment - whether medical practitioner suffering from impairment - finding by majority no impairment - appeal dismissed - conditions imposed - costs - Health Practitioner Regulation National Law (NSW) s 3, s 159, s 159C, s 167B, Schedule 5D Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Prakash v Health Care Complaints Commission [2006] NSWCA 153 Dr Thanh Le (Medical Tribunal decision, 20 September 2001) Grant v HCCC [2008] NSWCA 73 Category: Principal judgment Parties: Dr Shan Wickremesinghe (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: Mr M Scott (Applicant) Ms M Ward (Respondent) Solicitors: John F Morrissey & Co (Applicant) Medical Council of New South Wales (Respondent) File Number(s): 40016 of 2011