Applicant or 7/2025 v Medical Board of Australia (Occupational Discipline)

The applicant, a medical practitioner, appealed a decision of the Medical Board of Australia to suspend their registration. The applicant applied for an urgent stay of the suspension decision, which was heard by the Tribunal. The applicant argued that the stay should be granted on the basis that the appeal had reasonable prospects of success, the health and safety of the public would not be negatively affected, and the balance of convenience favoured a stay. The Medical Board opposed the grant of a stay on the basis that the Tribunal did not have the power to stay an immediate action decision, and that even if it did, a stay was not appropriate due to the risk to public safety and the public interest.

The Tribunal considered the applicant's submissions and found that the applicant had not established that the appeal had reasonable prospects of success. The Tribunal found that the applicant's submissions did not raise a serious issue to be tried that the Medical Board's decision was infected by error. The Tribunal also found that there would be a clear risk to public safety and the public interest if the stay were granted, given the criminal charges against the applicant. The Tribunal found that permitting the applicant to practise would undermine public confidence in the profession, given the serious allegations against the applicant.

The Tribunal dismissed the applicant's application for a stay of the decision of the respondent dated 25 February 2025. The Tribunal found that the applicant had not satisfied the threshold requirement for the making of an order under section 53(1) of the ACT Civil and Administrative Tribunal Act 2008. The Tribunal found that the balance of convenience did not favour a stay, given the risk to public safety and the public interest.