Hill v Medical Council of NSW [2019] NSWCATOD 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hill v Medical Council of NSW [2019] NSWCATOD 52 Hearing dates: 1 April 2019 Date of orders: 10 April 2019 Decision date: 10 April 2019 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Decision: 1. Pending the hearing and determination of the expedited appeal under s 159 and s 159B of the Health Practitioner Regulation National Law by Dr Adam Hill (the practitioner) the suspension imposed by the Medical Council of NSW on 4 March 2019 is stayed. 2. The practitioner's application for a non-publication order in respect of his name is dismissed. 3. Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made prohibiting the publication of the name of the patient, the colorectal surgeon and the hospital referred to in the proceedings. Catchwords: PROFESSIONS AND TRADES – registered health practitioner – medical practitioner – where delegates ordered suspension of practitioner – application for a stay of suspension pending hearing of an appeal under s 159 and s 159B of the Health Practitioner Regulation National Law. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Act 2004 (NSW) (repealed) Medical Practice Act 1992 (NSW) (repealed) Cases Cited: Bentram Pty Ltd v Sabbarton [2014] NSWCATAP 37 Berger v Council of the Law Society of NSW [2013] NSWSC 1080 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 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 Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Vo [2014] NSWCATOD 127 Kostov v YPOL Pty Ltd (No 2) [2019] NSWCA 1 Liu v Chinese Medicine Council of NSW [2019] NSWCATOD 13 Medical Council of NSW v Lee [2017] NSWCA 282 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 at [45]. O'Sullivan v Farrer (1989) 168 CLR 210; [1989] HCA 61 Category: Procedural and other rulings Parties: Dr Adam Hill (Applicant) Medical Council of NSW (Respondent) Representation: Counsel: A Moses, SC with J Alderson (Applicant)