Ameisen v Medical Council of New South Wales [2015] NSWCATOD 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ameisen v Medical Council of New South Wales [2015] NSWCATOD 49 Hearing dates: 16 December 2014; 21, 22 April 2015 Decision date: 29 May 2015 Jurisdiction: Occupational Division Before: Acting Judge K P O'Connor, AM, Deputy President E Kok, Professional Member R Gordon, Professional Member A Gray, Lay Member Decision: 1. Pursuant to s 163B(1)(c) of Health Practitioner Regulation National Law (NSW), the Tribunal makes a reinstatement order. 2. Pursuant to s 163B(4), the Tribunal imposes conditions on the applicant's registration the subject of the reinstatement order. The conditions are set out at para [40] of the Tribunal's reasons for decision. 3. The applicant is to pay the respondent's costs of the proceedings, on the ordinary basis, as defined in Schedule 3 of the Civil Procedure Act 2005, except for the respondent's costs of appearance at the hearing held on 16 December 2014. Catchwords: PROFESSIONAL DISCIPLINE – Medical profession - Application for reinstatement by deregistered practitioner – Rehabilitative Steps – Present Fitness – Application granted subject to strict conditions. Legislation Cited: Health Practitioner Regulation National Law (NSW) No 86a Cases Cited: Bahramy v Medical Council of New South Wales [2014] NSWCATOD 116 Bannister v Walton (30 April 1992, CA, unreported) Dawson v Law Society [1989] NSWCA 58 Ex p Tziniolis; Re Medical Practitioners' Act (1966) 67 SR (NSW) Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 In the Matter of Stephen Goodwin [2012] NSWMT 17 Parajuli v Medical Council of New South Wales [2011] NSWMT 4 In re Andrzej Kazmierczak, unreported, NSWMT, 6 May 2010, unreported In re Jason Martin [2010] NSWMT 13 Zaidi v Health Care Complaints Commission [1998] NSWSC 335 (CA) Category: Principal judgment Parties: Paul Joseph Ameisen (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: P Strickland SC (Applicant) M Higgins (Respondent)