Hanna v Medical Council of NSW [2017] NSWCATOD 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hanna v Medical Council of NSW [2017] NSWCATOD 27 Hearing dates: 15, 16 November 2016 Date of orders: 16 February 2017 Decision date: 16 February 2017 Jurisdiction: Occupational Division Before: K O'Connor, AM, ADCJ, Deputy President Dr E Kok, Professional Member Dr S Cowap, Professional Member S Lovrovich, General Member Decision: (1) Appeal dismissed. (2) Decision under appeal confirmed. (3) Appellant to pay the respondent's costs of the appeal, as agreed or assessed. Catchwords: PROFESSIONAL REGULATION – Medical Profession – Medical Council decision to suspend practitioner – Aggravated indecent assault on female employee - Appeal – Whether appropriate for protection or safety of the public to take action against practitioner – whether unacceptable risk – whether practice subject to conditions sufficient to address risk - decision confirmed. Legislation Cited: Health Practitioner Regulation National Law, No 86a Cases Cited: Bova v Pharmacy Council of NSW [2014] NSWCATOD 40 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 BCS v Dental Council of NSW [2015] NSWCATOD 157 Khan v Medical Council of NSW [2016] NSWCATOD 88 Dr Reid v Medical Council of NSW [2014] NSWCATOD 152. Category: Principal judgment Parties: Nadi Hanna (Appellant) Medical Council of New South Wales (Respondent) Representation: Counsel: C Jackson (Appellant) P Lowson (Respondent)