Bahramy v Medical Council of New South Wales [2017] NSWCATOD 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bahramy v Medical Council of New South Wales [2017] NSWCATOD 146 Hearing dates: 24-25 August 2017, 7 September 2017 Date of orders: 19 October 2017 Decision date: 19 October 2017 Jurisdiction: Occupational Division Before: D Cowdroy ADCJ OAM QC, Principal Member Dr G Abouyanni, Professional Member Dr K Arnold, Professional Member P Macneill, Lay Member Decision: (1) The applicant's application under section 163A of the Health Practitioner Regulation National Law (the National Law) for reinstatement to the register of medical practitioners maintained by the Australian Health Practitioner Regulation Agency in conjunction with the Medical Board of Australia is dismissed.

(2) The applicant is precluded under section 163B(5) of the National Law from applying to the NSW Civil and Administrative Tribunal for a reinstatement order for a period of two years from the date of these orders.

(3) The applicant is to pay the costs of and incidental to these proceedings of the Medical Council of NSW as agreed and failing agreement liberty to restore before the Tribunal for assessment. Catchwords: ADMINISTRATIVE LAW -Application for reregistration of medical practitioner following deregistration in 2008 for professional misconduct -Whether practitioner has demonstrated he is a fit and proper person to be reinstated to the register -Applicant lacking insight -Application dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Practitioner Regulation National Law (NSW) Crimes Act 1900 (NSW). Medical Practice Act 1992 (NSW) Health Care Complaints Commission Act 1993, Health Care Complaints Commission Act 1993 Cases Cited: Bahramy v. Medical Council of New South Wales [2014] NSWCATOD 116 Bahramy v. Medical Council of New South Wales [2015] NSWCA 307 Ex parte Lenehan [1948] HCA 45; (1948) 77 CLR 403 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Ex parte Tziniolis; Medical Practitioners Act (1966) 67 SR (NSW) 448 Dawson v Law Society of NSW [1989] NSWCA 58 Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Ziems v Prothonotary of the Supreme Court of NSW [1957] HCA 46; (1957) 97 CLR 279 (2 July 1957) Dr William McBride and the Medical Practice Act, number 40022 of 1995 (decision 1 May 1996) Category: Principal judgment Parties: Farid Bahramy (previously known as Fareed Bahrami) (Applicant) Medical Council of NSW (Respondent) Representation: Counsel: P. Lowson (Respondent)