Bahramy v Medical Council of New South Wales [2014] NSWCATOD 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bahramy v Medical Council of New South Wales [2014] NSWCATOD 116 Hearing dates: 9-10 July 2014, 15 September 2014 and by written submissions dated 25 July, 8 August, 30 September and 3 October 2014 Decision date: 16 October 2014 Jurisdiction: Occupational Division Before: Boland ADCJ (Principal Member) Dr M Friend (Occasional Professional Member) Dr G Yeo (Occasional Professional Member H Kiel (Occasional Lay Member] Decision: The applicant's application under s 163A of the Health Practitioner Regulation National Law (the National Law) for re-instatement to the register of medical practitioners maintained by the Australian Health Practitioner Regulation Agency in conjunction with the Medical Board of Australia is dismissed. The applicant is precluded under s 163B (5) of the National Law from applying to the NSW Civil and Administrative Tribunal for a re-instatement order for a period of two years from the date of these orders. The applicant shall pay the respondent's costs of and incidental to these proceedings as agreed and failing agreement liberty to restore before the Tribunal for assessment. Catchwords: ADMINISTRATIVE LAW - Application for re-instatement of medical practitioner - whether practitioner demonstrated he is fit and proper person to be re-instated to the register. Legislation Cited: Civil and Administrative Tribunal Act 2013 Child Protection (Prohibited Employment) Act 1998 (NSW) Health Practitioner Regulation (Adoption of National Law) Act 2009 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 2336 Ex Parte Tziniolis: Re the Medical Practitioners Act (1966) 67 SR 488 Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22 81 ALJR 1107 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Karalasingham [2007] NSWCA Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 HCCC v Philipiah [2013] NSWCA 342 In Re Jason Martin [2010] NSWMT 13 McBride v Walton (unreported NSWCA 15 July 1994) Ohn v Walton (1995) 36 NSWLR 77 Peter Cecil Harcourt Dawson v Law Society of NSW [1989] NSWCA 58 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45 (1981) 147 CLR 580 Re Lenehan [1948] HCA 45 (1948) CLR 403 Re Mansoor Haider Zaidi [2006] NSWMT 6 Zaidi v HCCC [1998] NSWSC 335 Category: Principal judgment Parties: Farid Bahramy (previously known as Fareed Bahrami) (Applicant) Medical Council of NSW (Respondent) Representation: Bahramy (Applicant in person) Crown Solicitor's Office (Respondent0 File Number(s): 1420083 Publication restriction: A non-publication order applies in respect of patients named in Complaint made under the Medical Practice Act 1992 dated 31 October 2002