Vo v Medical Council of NSW [2018] NSWCATOD 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vo v Medical Council of NSW [2018] NSWCATOD 18 Hearing dates: 16 and 17 November 2017 Date of orders: 16 February 2018 Decision date: 16 February 2018 Jurisdiction: Occupational Division Before: K O'Connor, AM, ADCJ, Deputy President Dr M Diamond, Senior Member Dr M Jarrett, Senior Member R Leontini, General Member Decision: (1) Application for a reinstatement order is granted, subject to conditions to be determined by the Tribunal. Parties to file, not later than 28 February 2018, a set of revised conditions that take account of the Tribunal's comments in these reasons on the draft conditions presented at hearing.

(2) The applicant is to pay the respondent's costs of these proceedings.

(3) Further to Order 1 of the Tribunal's decision published 16 February 2018 the Tribunal approves the Agreed Conditions submitted by the parties on 27 February 2018 and imposes those conditions on the applicant's registration, pursuant to s163B(4)[NSW] of the National Law. Catchwords: PROFESSIONAL DISCIPLINE – Medical profession - Application for reinstatement by deregistered practitioner – Rehabilitative Steps – Present Fitness – Application granted subject to strict conditions. Legislation Cited: Health Practitioner Regulation National Law (NSW) no 88a (National Law) Civil and Administrative Tribunal Act 2013 Cases Cited: Ex parte Tzionilis; Re Medical Practitioners' Act (1966) 67 SR (NSW) 448 Dawson v Law Society [1989] NSWCA 58 Scully v Health Care Complaints Commission [2013] NSWMT 7 Ameisen v Medical Council of New South Wales [2015] NSWCATOD 49 Dawson v Law Society [1989] NSWCA 58 Fryar v HCCC [2015] NSWCATOD 177 Ristevski v Medical Council of NSW [2016] NSWCATOD 18 Category: Principal judgment Parties: Kelvin Thuc Minh Vo (Applicant) Medical Council of NSW (Respondent) Representation: Counsel: P Dwyer (Applicant) H Bennett (Respondent)