Dr Reid v Medical Council of NSW [2014] NSWCATOD 152

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dr Reid v Medical Council of NSW [2014] NSWCATOD 152 Hearing dates: 28 October 2014; 4,10 and 11 November 2014 (written submissions) Decision date: 19 December 2014 Jurisdiction: Occupational Division Before: F Marks ADCJ, Principal Member Dr L Boshell, Professional Member Dr I Rotenko, Professional Member H Kiel, Community lay member Decision: The suspension of the appellant lifted, the respondent to pay the appellant's costs Catchwords: Appeal against suspension of registration- protection of the public- what constitutes a relevant risk-principles to be applied in considering suspension under Sec 150- HELD evidence and information insufficient to justify suspension- suspension lifted- costs order. Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil Liability Law (2002) WA Category: Principal judgment Parties: Dr Richard Reid (Applicant) Medical Council of NSW (Respondent) Representation: Browns Legal Consulting (Applicant) File Number(s): 1420267

reasons for decision

Introduction 1This is an appeal brought by the appellant Richard Ian Reid from a decision of delegates of the respondent Medical Council of NSW which determined that he be suspended from practice as a medical practitioner. The appeal is brought under section 159 of the Health Practitioner Regulation National Law (NSW) ("the National Law"). The appeal involves a hearing de novo conducted on the basis of such evidence and other relevant information put by the parties before the Tribunal. There was tendered into evidence a large volume of documentary material and oral evidence was given by the appellant. The Tribunal had before it the decision of the delegates which excited these appeal proceedings, as well as a number of decisions and determinations of others who have had, over a period of time, some involvement with the appellant in terms of his professional conduct. 2Relevantly, Sec 159 and Sec 159C of the National Law are in the following terms; 159 Right of appeal [NSW] (1) A person may appeal to the Tribunal against any of the following decisions of a Council for a health profession-- (a) against a suspension by the Council for the health profession on the person's registration under Division 3 or a refusal to end a suspension; or (b) against conditions imposed by the Council for the health profession on the person's registration under Division 3 or 4 or the alteration of the conditions by the Council; or (c) against a refusal by the Council for the health profession to alter or remove conditions imposed by the Council under Division 3 in accordance with a request made by the person under section 150I; or (d) against a decision by the Council for the health profession to give a direction or make an order in relation to the person under section 148E; or (e) against a refusal by the Council for the health profession to alter or remove conditions imposed on the person's registration, or to end a suspension, imposed under Division 4 in accordance with a request made by the person under section 152K. (2) An appeal may not be made in respect of a request by a person that is rejected by a Council because it was made during a period in which the request was not permitted under section 150I or 152K. (3) The appeal is to be dealt with by reconsideration of the matter by the Tribunal and fresh evidence, or evidence in addition to or in substitution for the evidence that was before the Council when it considered the matter, may be given. 3159C Tribunal's powers on appeal [NSW] (1) On an appeal, the Tribunal may by order terminate, vary or confirm a period of suspension or revoke, vary or confirm the conditions, as it thinks proper. (2) The Tribunal's order must not cause a suspension or conditions imposed by a Council to have effect beyond the day on which a related complaint about the person is disposed of.