Ibrahim v Medical Board of Australia [2014] NSWCATOD 108

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ibrahim v Medical Board of Australia [2014] NSWCATOD 108 Hearing dates: 8 August 2014 Decision date: 01 October 2014 Jurisdiction: Occupational Division Before: Acting Judge K. P. O'Connor AM, Deputy President Dr Louise King, Professional Member Dr Saw-Hooi Toh, Professional Member Dr Judith Mair, Lay Member Decision: 1. Appeal dismissed. Respondent's decision confirmed. 2. The following order is substituted for that of the Board: The appellant's application for limited registration on an area of need basis is refused under s 82(1)(c)(i)(E) of the National Law. 3. If the parties wish to be heard on costs: respondent to file and serve submissions within 21 days; appellant to file and serve submissions within a further 14 days. Tribunal to deal with the matter on the papers, unless either party applies for an oral hearing, in which case the Tribunal will give directions for dealing with any such application. Catchwords: REGISTRATION AS MEDICAL PRACTITIONER - International Medical Graduate - Application for Limited Registration on an Area of Need Basis - Refused by Board - Appeal - Whether compliance with relevant standards - Gap in clinical practice - extent of adequacy of supervision plan - performance in pre-employment structured clinical view - Appeal dismissed - ground for refusal confined to failure to meet requirements for registration. Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: McMahon v Nursing and Midwifery Board of Australia [2013] NSWMT 4 Category: Principal judgment Parties: Ashraf Ibrahim Abdou Ibrahim (Applicant) Medical Board of Australia (Respondent) Representation: M Paton, Georgiou & Co (Applicant) Clayton Utz (Respondent) File Number(s): 1420181