Karimi v Medical Council of New South Wales [2017] NSWCATOD 180

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Karimi v Medical Council of New South Wales [2017] NSWCATOD 180 Hearing dates: 20 November 2017 Date of orders: 20 December 2017 Decision date: 20 December 2017 Jurisdiction: Occupational Division Before: Wright J, President Assoc Prof P Klineberg, Senior Member Dr M Cox, Senior Member Assoc Prof P Macneill, General Member Decision: (1) The period of suspension of the appellant's registration as a medical practitioner imposed by the respondent on 21 September 2017 is confirmed.

(2) The appellant is to pay the respondent's costs as agreed or assessed under the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014). Catchwords: OCCUPATIONS – medical practitioners – suspension of registration under s 150 of the Health Practitioner Regulation National Law – external appeal under s 159 – nature of external appeal – allegations of professional misconduct, illegal prescribing, dispensing and storing of medication, inappropriate clinical record keeping, doctoring certificate and practising whilst unregistered – whether it is appropriate to terminate, vary or confirm period of suspension – period of suspension confirmed

STATUTORY CONSTRUCTION – whether s 159C of the Health Practitioner Regulation National Law permits the Tribunal to terminate period of suspension and impose or vary conditions on registration – whether "or" is cumulative or disjunctive – whether "the conditions" includes conditions imposed by a body other than the Medical Council of New South Wales – Tribunal does not have power to terminate a suspension and impose or vary conditions on a practitioner's registration not imposed by the Council Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 31, 79 Health Practitioner Regulation National Law (NSW), ss 41O, 83, 150, 150D, 159, 159B, 159C, 175, 175C, cl 7 of Sch 5D, cl 13 of Sch 5D Cases Cited: Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Dr Reid v Medical Council of NSW [2014] NSWCATOD 15 Khan v Medical Council of NSW [2016] NSWCATOD 88 Hanna v Medical Council of NSW [2017] NSWCATOD 27 Lindsay v NSW Medical Board [2008] NSWSC 40 Minister for Immigration and Ethnic Affairs v Baker (1997) 73 FCR 187 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Tabcorp Holdings Ltd v Victoria (2016) 90 ALJR 376; [2016] HCA 4 Unity APA Ltd v Humes Ltd [1987] VR 474 X v NSW Medical Board (1993) 32 ALD 330 Category: Principal judgment Parties: Kooshyar Karimi - Appellant Medical Council of New South Wales - Respondent Representation: Counsel: T Flaherty (Appellant) P Lowson (Respondent)