NSW Caselaw
Medical Tribunal New South Wales Medium Neutral Citation: In the matter of Steven Goodman [2012] NSWMT 17 Hearing dates: 02/07/2012 Decision date: 04 July 2012 Before: Elkaim SC DCJ Dr S Gani Dr E Kok Professor H Lapsley Decision: Reinstatement order subject to conditions. Catchwords: Review of de-registration, current assessment of suitability for medical practice. Legislation Cited: Medical Practice Act 1992 Health Practitioner Regulation National Law (NSW) Cases Cited: HCCC v Dr Steven Goodman [2007] NSWMT 9 Ex parte Tziniolis; Re Medical Practitioners Act (1966) 67 SR (NSW) 448 Re Mansoor Haider Zaidi [2006] NSWMT 6 Category: Principal judgment Parties: Steven Goodman (Applicant) Medical Council of New South Wales (Respondent) Representation: E Pike (Applicant) I Bourke (Respondent) Browns Legal & Consulting (Applicant) Crown Solicitors Office (Respondent) File Number(s): 40031/11 Publication restriction: No
Judgment 1On 4 April 2007 the Medical Tribunal ordered that Dr Steven Goodman be removed from the Register of Medical Practitioners. It further ordered that he not be permitted to apply for re-registration for a period of three years. The decision may be found in Exhibit 1 at Tab 2. 2Mr Steven Goodman has now applied to have his name returned to the Register. This application is made by way of a review pursuant to Section 163A of the Health Practitioner Regulation National Law (NSW) No 86a. It is important to note at this stage that this is not an appeal against the original decision, rather it is a review conducted in the present circumstances. 3It is also significant that the very recent amendments to the above Act limit the Tribunal's powers to the making of a "reinstatement order" (Section 163B(1)(c)) which will enable the applicant to apply for registration to the National Board (Section 163B(3)). 4Mr Goodman has made the application for review. Accordingly the onus is on him to satisfy the Tribunal that a reinstatement order should be made.
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