The Background
Mr Hyland, a final year medical student, had his registration suspended by the Medical Council of NSW (Council) in August 2021.
The Council had received a notification that Mr Hyland had been charged with multiple domestic violence and common assault offences in 2019 (dismissed) and 2021 (pending). The Council also noted that Mr Hyland had failed to notify the Board of the criminal charges within 7 days or at all, in accordance with the National Law.
In suspending the student, the Council held that the charges had the potential to bring the medical profession into disrepute if it was not made clear to the public that: (1) the Council does not sanction domestic violence and (2) the medical profession is proactive in dealing with such issues in accordance with community expectations.
Mr Hyland appealed the decision on the basis that the reasons given for the suspension order did not demonstrate that it was either necessary or appropriate for the protection of the health and safety of persons or in the publish interest. He also claimed that the suspension order was so unreasonable that the decision was unlawful. It was his position that ongoing registration would not amount to sanctioning of domestic violence as he was acquitted of 2019 charges, and he disputes the 2021 charges and is entitled to a presumption of innocence.
He sought a stay of the suspension order pending the outcome of his appeal, citing that he would be unable to complete his degree in 2021 if he remained suspended.
The Outcome
Prospects of success
The Tribunal considered that Mr Hyland’s grounds of appeal, as framed, had low prospects of success. Firstly, the Council had listed numerous matters relevant to its determination to suspend him. Secondly, whilst agreeing that allowing him to continue studying did not necessarily mean the Council was sanctioning domestic violence, the Council had taken account of the presumption of innocence and Mr Hyland’s detailed version of events.
Balance of convenience
The Tribunal accepted that, if the suspension was lifted, Mr Hyland would be able to complete his placements and be ready to start work as a junior doctor in January 2022, but if the suspension was not lifted, he would need to repeat the current semester’s placements in the first semester of 2022 and then apply for a junior doctor position in January 2023.
Although these considerations of prejudice were relevant, the Tribunal held that given the low prospects of success in appealing the decision, the interests of justice required that the application be refused.
The Implications
All students undertaking an approved program of study in a health profession must be registered with the relevant vocational Board. It is therefore important that they understand that the performance and conduct obligations placed on health professionals under the National Law also apply to them as students. This is the case even where their conduct may not be connected to their studies or clinical performance. As demonstrated by this case, the consequences of breaching the National Law can have significant impact on their studies and potentially their ability to ultimately obtain registration as a health professional.
To read the decision in Hyland v Medical Council of New South Wales [2021] NSWCATOD 167 here.
