Ibrahim v Medical Board of Australia

[2015] NSWCA 207

NSW Court of Appeal

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Interrogate

Catchwords

1. Health Law
2. › Registration of health practitioners
3. › Limited registration in area of need
4. › Recency of practice registration standard
5. › Meaning of 'practice'
6. › Whether observerships, medical receptionist work and pathology collection constituted 'practice'
7. › Health Practitioner Regulation National Law (NSW), ss 65, 67, 82
1. Administrative Law
2. › Tribunals
3. › Appeal from NCAT
4. › Appeal limited to question of law
5. › Distinction between questions of law and questions of fact
6. › Whether application of statutory definition to facts was question of law or fact
7. › Civil and Administrative Tribunal Act 2013 (NSW), Sch 5, cl 29

Quick Take

The definition of 'practice' in the Recency of Practice Registration Standard under the Health Practitioner Regulation National Law requires the use of skills and knowledge as a health practitioner in their profession; passive observerships, work as a medical receptionist, and pathology collection do not satisfy this definition. Whether particular activities satisfy the definition is a question of fact, not law, and is not amenable to appeal without leave under the Civil and Administrative Tribunal Act 2013 (NSW), Sch 5, cl 29.