Groundbreaking Court Ruling for Australian Doctors.

The matter Pridgeon v Medical Council of New South Wales was heard in the Court of Appeal Supreme Court New South Wales. This matter concerns s150 of the National Law and is an important case for any doctor who has been suspended by the AHPRA or the Medical Board.

Dr Pridgeon was successful in revoking his suspension by the Medical Board of New South Wales and was awarded costs!

The principal issues before the Court were:

(i) whether the Tribunal exercised its power “in the public interest” by purporting indefinitely to suspend Dr Pridgeon’s registration as a medical practitioner pursuant to s 150 of the National Law

(ii) whether the Tribunal erred in law by acting without any factual basis upon which the exercise of the emergency power contained in s 150 depends.

In Summary

In 2018, Dr Pridgeon was charged by the AFP with respective criminal codes. His crime, protecting a mother and her two children from the father who was sexually abusing the children.

Dr Pridgeon, sought a review of s150 and was subsequently suspended. He then unsuccessfully appealed two further times.  Today, the court brought down the following decisions which were favourable for Dr Pridgeon;

(1) Extend the time for the applicant to file his notice of appeal and application for leave to appeal to 2 November 2021.

(2) To the extent necessary, grant the applicant leave to appeal.

(3) Allow the appeal.

(4) Set aside the orders of the Civil and Administrative Tribunal of 30 June 2021.

(5) Set aside the orders of the Medical Council of New South Wales of 29 October 2018 and 2 December 2020.

(6) Order that the respondent pay the applicant’s costs of proceedings in this court.

Summary ~ the Medical Board have NO POWER or AUTHORITY to suspend a medical practitioner, this is a decision for the tribunal.

 

 

 

 

 

35 pages.

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