Pridgeon v Medical Council of New South Wales

(2022) 108 NSWLR 263; [2022] NSWCA 60

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Particular administrative bodies
3. › NSW Civil and Administrative Tribunal
4. › Appeal against decision of Medical Council of NSW
5. › Suspension of registration of medical practitioner
6. › Construction of s 150 of Health Practitioner Regulation National Law (NSW)
7. › Whether suspension in the public interest
8. › Whether 'public interest' limited to protection of public health and safety in connection with practice of medicine
9. › Health Practitioner Regulation National Law (NSW), s 150
1. Administrative Law
2. › Particular administrative bodies
3. › Medical Council of NSW
4. › Emergency powers
5. › Suspension of registration
6. › Whether circumstances sufficiently urgent to warrant exercise of emergency power
7. › Whether s 150 confined to urgent cases
8. › Health Practitioner Regulation National Law (NSW), ss 144, 145D, 150, 150A
1. Administrative Law
2. › Judicial review
3. › No evidence
4. › Presumption of innocence
5. › Whether Tribunal's conclusions infected by assumptions of guilt
6. › Whether finding of public interest had evidentiary foundation

Quick Take

The power to suspend under section 150 requires urgency, and the 'public interest' ground is limited to matters connected with the practice of medicine; mere criminal charges unrelated to medical practice are insufficient.