Taylor v Medical Board of Australia [2018] NSWCATOD 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Taylor v Medical Board of Australia [2018] NSWCATOD 50 Hearing dates: 14 March 2018 Date of orders: 10 April 2018 Decision date: 10 April 2018 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Decision: 1. The stay application is refused. Catchwords: PROFESSIONS AND TRADES – Interlocutory orders - where practitioner seeks a stay of conditions imposed on her general registration by Medical Board pending appeal under s 175 of the Health Practitioner Regulation National Law – whether the Tribunal has power to grant a stay – whether refusal of the stay would render the appeal nugatory – whether appeal should be expedited Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Legislation (Repeal and Amendment) Act 2013 (NSW). Civil and Administrative Tribunal Act 2013 (NSW) Health Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (ACT) Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) (repealed) Queensland Civil and Administrative Tribunal Act 2009 (Qld) Cases Cited: Aldridge v Keaton (Stay Appeal) [2009] FamCAFC 106 Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Chinese Medical Board of Australia v Lee [2014] QCA 149 Hampshire v Medical Council of NSW [2017] NSWCATOD 140 Kay v Health Care Complaints Commission [2016] NSWCATOD 149 Kirbach v Health Care Complaints Commission [2015] NSWCATAD 195 Medical Council v Lee [2017] NSWCA 282 NSW Bar Association v Stevens [2003] NSWCA 95 Sharma v Medical Board of Australia [2014] QCAT 305 Wang v Dental Council of NSW [2016] NSWCATOD 90 Category: Procedural and other rulings Parties: Dr Arlene Maree Taylor (Appellant) Medical Board of Australia (Respondent) Representation: Applicant (self-represented) Lander and Rogers Lawyers (Respondent) File Number(s): 2018/0035995 and 2018/00044125 Publication restriction: Nil