Hill v Medical Council of New South Wales [2019] NSWCATOD 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hill v Medical Council of New South Wales [2019] NSWCATOD 97 Hearing dates: 21 May 2019 Date of orders: 26 June 2019 Decision date: 26 June 2019 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Dr V Payne, Senior Member Dr A P Forrest, Senior Member M Kelly, General Member Decision: 1. The decision of the Medical Council of NSW to suspend the registration of Dr Adam Hill as a medical practitioner is set aside. 2. The question of costs is reserved. Catchwords: PROFESSIONS AND TRADES – health care professionals - medical practitioners – suspension of registration under s 150 of the Health Practitioner Regulation National Law - appeal under s 159 and 159B of the Health Practitioner Regulation National Law - examination without consent - single incident -steps taken by practitioner to review all relevant ethical standards - suspension set aside Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Health Practitioners Regulation (Adoption of National Law) Act 2009 Medical Practice Act 1992 Cases Cited: Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Director of Public Prosecutions v Smith (1991) 1 VR 63 Karimi v Medical Council of New South Wales [2017] NSWCATOD 180 Woolcock v Medical Board [2009] NSWMT 3 Category: Principal judgment Parties: Adam Hill (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: A Moses SC with J Alderson (Applicant) H El-Hage (Respondent)