Balafas v Medical Council of NSW [2013] NSWMT 4

Medical Tribunal New South Wales Medium Neutral Citation: Balafas v Medical Council of NSW [2013] NSWMT 4 Hearing dates: 18 and 19 March 2013 Decision date: 19 April 2013 Jurisdiction: Civil Before: Levy SC DCJ

Dr E Kok Dr B Westmore Ms D Robinson Decision: See paragraphs [107] - [111] for orders. Catchwords: MEDICAL TRIBUNAL - application for review of earlier deregistration orders - whether case for reinstatement has been made out Legislation Cited: Medical Practice Act 1994, s 66 Health Practitioner Regulation National Law (NSW), s 125, s 126, s 127, s 163(2), s 163A and s 163B Cases Cited: Dinakar v Medical Council of NSW, unreported, 12 December 2012 HCCC v Balafas, unreported, 18 June 2010 Re Mansour Haider Zaidi [2006] NSWMT 6 Category: Principal judgment Parties: Mr John Andrew Balafas (Applicant) Medical Council (Respondent) Representation: Mr E Pike (Applicant) Ms K Richardson (Respondent) Browns (Applicant) IV Knight, Crown Solicitor (Respondent) File Number(s): 40023/12 Publication restriction: No

REASONS FOR DECISION

Table of Contents Application for reinstatement as a medical practitioner [1] - [3] Reasons for applicant's deregistration on 18 June 2010 [4] - [7] Issues [8] - [10] Principles to be applied on an application for reinstatement [11] - [12] Applicant's medical training and work history [13] - [17] Summary of events leading to applicant's deregistration [18] - [23] Disciplinary history leading to 2010 Medical Tribunal hearing [24] - [29] Complaints arising after deregistration [30] Overview of applicant's pursuit of rehabilitation [31] - [36] Evidence in support of application [37] - [88] Mr John Balafas - applicant [38] - [42] Dr Keith Roberts - treating psychiatrist [43] - [48] Dr Alex Wodak - treating addiction specialist [49] - [63] Dr Michel Diamond - consultant psychiatrist [64] - [82] Associate Prof Stephen Jurd - psychiatrist [83] - [85] Applicant's wife [86] - [88] Consideration of the issues [89] - [106] Orders [107] - [108] Practice conditions [109] Health conditions [110] Review conditions [111]