Asar v Medical Council of NSW [2019] NSWCATOD 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Asar v Medical Council of NSW [2019] NSWCATOD 132 Hearing dates: 5 August 2019 Date of orders: 26 August 2019 Decision date: 26 August 2019 Jurisdiction: Occupational Division Before: Cowdroy AO QC ADCJ, Principal Member Dr Guan Yeo, Senior Member Dr M Cox, Senior Member P Macneill PhD, General Member Decision: (1) The application pursuant to section 163A(1) of the National Law for reinstatement as a medical practitioner is granted.

(2) Pursuant to section 163(B)(1)(c) the Tribunal reinstates the applicant as a medical practitioner subject to the following conditions:

1. Not to possess, supply, administer or prescribe any "drug of addiction" (Schedule 8 drug) as defined by Poisons and Therapeutic Goods Act 1966 (NSW).

2. Not to possess, supply, administer or prescribe any Schedule 4 drug listed in Appendix D to the Poisons and Therapeutic Goods Regulation 2008 (NSW).

3. Not to treat or prescribe to himself or immediate family members.

a) The practitioner may only provide emergency medical services to such persons in compliance with section 139C(c) of the Health Practitioner Regulation National Law. b) If any such event occurs, the practitioner must notify the Medical Council of NSW within 24 hours and provide details of the event and any other information as requested by the Council.

4. To practise only in a group practice approved by the Medical Council of NSW where there are at least 2 registered medical practitioners (excluding the subject practitioner):