Litchfield v Medical Council of New South Wales [2012] NSWMT 8

Medical Tribunal New South Wales Medium Neutral Citation: Litchfield v Medical Council of New South Wales [2012] NSWMT 8 Hearing dates: 23 - 24, 26 April 2012 Decision date: 03 May 2012 Before: Staff J; Dr V de Carvalho; Dr H Pedersen; Ms G Ettinger Decision: 1.The Tribunal finds that Bruce Desmond Litchfield is a fit and proper person to practice as a registered health practitioner in accordance with the provisions of the Health Practitioner Regulation National Law (NSW). 2.The Tribunal orders that the name of Bruce Desmond Litchfield be reinstated to the Register of Medical Practitioners kept under the Health Practitioner Regulation National Law (NSW). 3.Pursuant to s 149A(1)(b) of the Health Practitioner Regulation National Law (NSW) the Tribunal orders that Bruce Desmond Litchfield's registration be subject to the conditions set out in Annexure A. 4.The Tribunal orders that the applicant pay the costs of the Medical Council of New South Wales. Catchwords: Application for re-registration following deregistration for professional misconduct in 1996 - finding applicant now of good character and fit and proper person - finding that applicant has genuine insight - Tribunal satisfied no relevant risk of recurrence of professional misconduct - finding that significant changes occurred in applicant's character - finding applicant has overcome flaws of character - application for reinstatement order granted with conditions - costs Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: A Solicitor v Council of the Law Society of New South Wales [2004] HCA 1; (2004) 216 CLR 253 Council of Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Ex parte Tziniolis; Re Medical Practitioners Act (1966) 67 SR (NSW) 448 Health Care Complaints Commission v Dr Bruce Desmond Litchfield (Medical Tribunal of New South Wales, 15 November 1996, unreported) In the matter of Bruce Litchfield (Medical Tribunal of New South Wales, 16 June 2003, unreported) Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 In the Matter of Mansour Hassad Zaidi and The Medical Practice Act 1992 as amended (29 August 1996, unreported) Re Bruce Litchfield [2006] NSWMT 3 Re Mansoor Haider Zaidi [2006] NSWMT 6 Zaidi v Health Care Complaints Commission [1998] NSWSC 335; (1998) 44 NSWLR 82 Category: Principal judgment Parties: Bruce Desmond Litchfield (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: Mr TJ Rickard (Applicant) Mr M Lynch (Respondent) Solicitors: Crown Solicitor's Office (Respondent) File Number(s): 40017 of 2011 Publication restriction: Pursuant to Sc 5D cl 7 of the Health Practitioner Regulation National Law the Tribunal has ordered that there be no publication of the name of any patient or of any material capable of identifying any patient