Lee v Medical Council of NSW [2017] NSWCATOD 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lee v Medical Council of NSW [2017] NSWCATOD 132 Hearing dates: 22 August 2017 Date of orders: 04 September 2017 Decision date: 04 September 2017 Jurisdiction: Occupational Division Before: D Cowdroy ADCJ, Principal Member Decision: (1) A stay of the decision to suspend the applicant's registration made by the respondent Medical Council of New South Wales made on 20 March 2017, pending further order.

(2) The stay order is conditional upon the following condition applying:

(a) the applicant is to conduct any radiological practice without contacting directly any clients or patients apart from personally conducting necessary test or procedures on them or with them as part of their treatment or procedure. This condition applies unless there is a medical emergency and the referring health practitioner is unable to be contacted.

(3) The interim non-publication order made in respect of the applicant and other persons who were recipients of emails made on 22 August 2017 is vacated. Catchwords: medical practitioner suspended following enquiry by Medical Council on the basis of allegations of criminal conduct – application for stay by applicant pending hearing of appeal – no-fault found with practitioner's conduct in her professional duties – absence of potential risk to any patient – stay granted pending determination of practitioners appeal against suspension. Medical practitioner and persons who are not patients of the medical practitioner seeking continuation of an interim non-publication order arising out of alleged conduct of medical practitioner – no valid grounds for continuation of a non-publication order – open justice overriding any issue of personal embarrassment of medical practitioner or of other persons allegedly impacted by conduct of a medical practitioner – interim nonpublication order discontinued Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Practitioner Regulation National Law (NSW) Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Re Griffiths Grif-Air Helicopters Pty Limited and Civil Aviation Authority (1993) 31 ALD Australian Securities and Investments Commission and PTLZ [2008] FCAFC 164 Australian Securities and Investments Commission v Administrative Appeals Tribunal [2009] FCAFC 185 Mushroom Composters Pty Ltd v IS & DE Robertson Pty Ltd [2014] NSWCA 231 Alexander v Cambridge Credit Corporation Limited (1985) 2 NSW LR 685 Vaughan v Dawson [2008] NSWCA 169 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Hanna v Medical Council of NSW [2016] NSWCATOD 108 Health Care Complaints Commission v Wingate [2007] NSWCA 326; (2007) 70 NSWLR 323 Healthcare Complaints Commission v DAC [2017) NSWCATOD 98 John Fairfax and Sons Ltd v Police Tribunal (1986) 5 NSWLR 465 Merrilyn Walton v Alexander Sergevich Momot and Anor [1997] NSWSC 143 New South Wales Bar Association v Tedeschi (No 3) [2003] NSWADT 174 John Fairfax Group Pty Ltd (Receivers and Managers appointed) & Anor v Local Court of New South Wales & Ors (1991-1992) 26 NSWLR 131 Council of the Law Society of New South Wales v CZD [2017] NSWCATOD 31 Category: Procedural and other rulings Parties: Denise Jane Lee (Applicant) Medical Council of NSW (Respondent) Representation: Counsel: Mr M Robinson (Applicant) Ms P Lowson (Respondent)