Medical Council of New South Wales v Lee [2017] NSWCA 282

Decision date: 6 November 2017
“PROFESSIONS AND TRADES – allegations of criminal conduct against medical practitioner – medical practitioner suspended pursuant to s 159 of Health Practitioner Regulation National Law (NSW) – stay granted by Tribunal pursuant to s 43(3) of Civil and Administrative Tribunal Act 2013 (NSW) – whether Tribunal had power to grant stay – Tribunal not empowered by s 43(3) – National Law intended to be exhaustive – Tribunal not empowered by s 161B of National Law unless medical practitioner appeals against the suspension decision with respect to a point of law. PROCEDURE – whether appellant’s failure to put argument to Tribunal precludes grant of leave – appellant concedes it should pay costs of appeal – interests of justice that appellant be permitted to rely on argument.”
Find decision here.