Ibrahim v Medical Board of Australia [2015] NSWCA 207

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ibrahim v Medical Board of Australia [2015] NSWCA 207 Hearing dates: 3 June 2015 Decision date: 20 July 2015 Before: Macfarlan JA at [1]; Gleeson JA at [2]; Simpson J at [79] Decision: Appeal dismissed with costs. Catchwords: APPEAL – civil – registration as a medical practitioner under the Health Practitioner Regulation National Law – application for limited registration in an area of need – meaning of 'practice' in approved recency of practice registration standard – whether NCAT erroneously narrowed the ambit of 'practice' – no error in finding employment as medical receptionist, pathology collector and undertaking observerships did not satisfy the definition of 'practice' – appellant ineligible for limited registration Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Sch 5, Pt 4 Div 3, cl 29 Health Practitioner Regulation (Adoption of National Law) Act 2009 (NSW) Health Practitioner Regulation National Law Act 2009 (Qld) Health Practitioner Regulation National Law (NSW) ss 3, 5, 31, 36, 38, 52, 55, 65, 66, 67, 68, 69, 70, 80, 81, 82, 175, 247A Supreme Court Act 1970 (NSW) s 69 Cases Cited: Attorney General for the State of New South Wales v XY [2014] NSWCA 466 Collector of Customs v Agfa-Gevaert Ltd [1996] HCA 36; 186 CLR 389 McMahon v Nursing and Midwifery Board of Australia [2013] NSWNMT 4 NSW Breeding & Racing Stables Pty Ltd v Administrative Decisions Tribunal of New South Wales [2001] NSWSC 494; 53 NSWLR 559 Quach v New South Wales Civil and Administrative Tribunal [2015] NSWCA 63 Category: Principal judgment Parties: Ashraf Ibrahim Abdou Ibrahim (Appellant) Medical Board of Australia (Respondent) Representation: Counsel: M Paton (solicitor) (Appellant) R Graycar and N Swan (Respondent)