Saedlounia v Medical Council of New South Wales [2015] NSWCATOD 53

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Saedlounia v Medical Council of New South Wales [2015] NSWCATOD 53 Hearing dates: 2 & 3 February 2015 Decision date: 03 February 2015 Jurisdiction: Occupational Division Before: G Mullane, Acting DCJ, Presiding Member Dr M Higgins, Professional Member Dr L King, Professional Member Dr M Gleeson, General Member Decision: 1. The conditions imposed upon the appellant's registration by the Medical Council of NSW decision of 3 November 2014 are confirmed but qualified so that the conditions apply only until 28 August 2015.

2. Otherwise the appeal is dismissed. Catchwords: Appeal from decision of medical council-registration condition that Doctor have an approved chaperon when seeing female or transgender patient. Condition confirmed but period limited. Legislation Cited: Health Practitioner Regulation, National Law (NSW), No. 86a ("The National Law"); Civil and AdministrativeTribunal Act 2013; Cases Cited: Health Care Complaints Commission v Phillipiah [2013] NSWCA 342 Ohn v Walton (1995) NSWLR 77; Lucire v HCCC (No 2) [2011] NSACA 182 Category: Principal judgment Parties: Saeid Saedlounia (Applicant) Medical Council of New South Wales (Respondent Representation: Counsel: S Barnes (Applicant) A Stafford (Respondent)

Solicitors: Browns Legal and Consulting (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1420343 Publication restriction: Publication of any information that may identify a patient of the Appellant or any medical practice is prohibited.