Nadkarni v Medical Board of Australia

Sanjay Nadkarni, a registered medical practitioner, appealed against a decision of the State Administrative Tribunal (the Tribunal) that he engaged in professional misconduct. The Tribunal made orders that Dr Nadkarni's registration as a medical practitioner be suspended for a period of 20 months and that, before resuming practice as an interventional radiologist, he must satisfy the Board that he has the requisite clinical skills to do so safely. Dr Nadkarni's appeal was heard in this Court and leave to appeal was granted. Dr Nadkarni's appeal was allowed in respect of the orders that suspended his registration and that required him to satisfy the Board that he has the requisite clinical skills. This Court set aside those orders and made substitutive orders. This Court decided that the period of suspension was unreasonable or plainly unjust and that the condition requiring Dr Nadkarni to satisfy the Board that he has the requisite clinical skills was unreasonable or plainly unjust. This Court decided that the appropriate penalty was a period of suspension of eight months and a condition that Dr Nadkarni undertake a period of supervised practice as an interventional radiologist.