Ismail v Medical Council of NSW [2014] NSWCATOD 111

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ismail v Medical Council of NSW [2014] NSWCATOD 111 Hearing dates: 29 September 2014 Decision date: 10 October 2014 Jurisdiction: Occupational Division Before: F Marks, Acting District Court Judge Dr J Mair, Lay member Dr V de Carvalho, Professional member M Bennett, Professional member Decision: Order of Medical Tribunal varied in part Pursuant to section 79 (2) (a) of the Civil and Administrative Tribunal Act 2013 and section 159C (1) of the Health Practitioner Regulation National Law (NSW) 2009, the Tribunal varies Practice Condition 1 (c) of the Orders made by the Medical Council of NSW in its Decision dated 16 May 2014 as follows: 1(c) The supervisor(s) not be conducting his or her own list at the same time that the practitioner is practising medicine; except that the supervisor(s) may be supervising one other practitioner conducting a list in an operating theatre who is at no lower level than (i) a career medical officer; or (ii) an advanced trainee or equivalent. Catchwords: External appeal from decision of delegates of medical tribunal-practice conditions varied to facilitate supervision of appellant Legislation Cited: Health Practitioner Regulation National Law (NSW) 2009 Civil and Administrative Tribunal Act 2013 Category: Principal judgment Parties: Dr Sanaa Ismail (Appellant) Medical Board of NSW (Respondent) Representation: Counsel K Sant (Appellant) P Lowson (Respondent) Avant Law (Appellant) Crown Solicitor (Respondent) File Number(s): 1420216