Mukherjee v Medical Council of NSW [2018] NSWCATOD 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mukherjee v Medical Council of NSW [2018] NSWCATOD 124 Hearing dates: 23, 24 May, 24, 25 July 2018 Date of orders: 24 June 2018 Decision date: 06 August 2018 Jurisdiction: Occupational Division Before: Knox SC ADCJ, Principal Member Dr G Smith, Senior Member Dr L Cotterell, Senior Member S Lovrovich, General Member Decision: (1) The Application for a non-publication order is dismissed. (2) The Application for a reinstatement order is dismissed. (3) No further application for re-registration may be brought by Mr Mukherjee for a three-year period commencing 1 August 2018. (4) The Applicant pay the Respondent's costs as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: NON-PUBLICATION ORDER PRINCIPLES RELEVANT – Professional discipline – application for reinstatement – Extensive prior record of substance abuse; inappropriate prescription practices – Assessment of conditions for employment, supervision and monitoring, reporting- absence of evidence sufficient for reinstatement- costs on re-registration application. Legislation Cited: Civil and Administrative Tribunal Act 2013 No 2 (NSW) Health Insurance Act 1973 (Cth) Health Practitioner Regulation National Law (NSW) No 86a Industrial Relations Act 1996 No 17 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Medical Practice Act 1992 No 94 (NSW) Workplace Injury Management and Workers Compensation Act 1998 No 86 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Clyne v NSW Bar Association (1980) 104 CLR 186 Ex Parte Tziniolis; Re the Medical Practitioners Act (1966) 67 SR 448 HCCC v Karalasingham [2007] NSWCA 267 HCCC v Simring (Suppression Order) [2010] NSWMT 6 Health Care Complaints Commission v BXD (No 2) [2015] NSWCATOD 135 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Vo [2014] NSWCATOD 127 Hogan v Hinch (2011) 243 CLR 506 In Re Jason Martin [2010] NSWMT 13 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Ohn v Walton (1995) 36 NSWLR 77 Peter Cecil Harcourt Dawson v Law Society of NSW [1989] NSWCA 58 Qasim v Medical Council of NSW [2015] NSWCA 282 Re Lenehan; [1948] HCA 45; 77 CLR 403 Re Mansoor Haider Zaidi [2006] NSWMT 6 Shah v HCCC [2014] NSWCATOD 94 Walton v Momot [1997] NSWCA 143 Welker v Rinehart (No 6) [2012] NSWSC 160 Zaidi v HCCC [1998] NSWSC 335 Category: Principal judgment Parties: Gopal Chandra Mukherjee (Applicant) Medical Council of NSW (Respondent) Representation: Mr Mukherjee appeared in person (Applicant) Mr Stafford of counsel instructed by Ms Wikeepa, Medical Council of NSW (Respondent) File Number(s): 2017/00352024 Publication restriction: Non-publication order as to names of complainants.