Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Hearing dates: 17 March, 18 June, 3,4 August28, 29 September 2015 Date of orders: 22 October 2015 Decision date: 22 October 2015 Jurisdiction: Occupational Division Before: F Marks ADCJ (Presiding member) Dr J Hely (Professional member) Dr S Ieraci (Professional member) Mrs Y Rowling (Lay member) Decision: The appeal is dismissed, save that the suspension of the registration of the appellant shall continue for a period of 6 months or as earlier terminated by the Medical Council of NSW. Costs are reserved with liberty to apply which must be exercised within one month of this date. Catchwords: Suspension order under section 150-appeal- medical practitioner charged with murder of wife-status of police charge sheet-corroborative evidence-protection of health and safety of any persons-public interest-held suspension of registration appropriate for 6 months-costs reserved Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 3, 3A, 150, 159 Medical Practice Regulation, 2008, (NSW) (Repealed), Regulation 4, Schedule 1 Medical Practice Act, 1992 (NSW) (Repealed), s66 Cases Cited: Dr Crickitt v Medical Council of New South Wales [2015] NSWCATOD 86 X v NSW Medical Board (1993) 32 ALD 330 Woolcock v Medical Board [2009] NSWMT 3 Lindsay v NSW Medical Board [2008] NSWSC 40 Berger v Council of the Law Society of NSW [2013] NSWCA 336 R and Medical Board of Australia [2013] WASAT 28 Liddell and Medical Board of Australia [2012] WASAT 120 I v Medical Board of Australia [2011] SAHPT 18 Category: Principal judgment Parties: Dr Brian Crickitt (Appellant) Medical Council of New South Wales (Respondent) Representation: Counsel: D. Higgs SC and E. Pike (Appellant) D. Ward (Respondent)