In Jayswal v Medical Council of New South Wales [2022] NSWCATOD 53, the Tribunal granted a stay of a suspension to a medical practitioner who had been suspended because the practitioner was charged with the offence of stalking and intimidation with intent to cause fear of physical or mental harm to his former domestic partner pursuant to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (CDPV Act) (criminal charge).

The practitioner did not notify AHPRA of the criminal charges for six months, when it is required within seven days (section 130 National Law)

In granting the stay the Tribunal stated at [185]

“The Court of Appeal held in Pridgeon, at [56], to which the Respondent’s further submissions referred (15), that the power to suspend a medical practitioner’s registration conferred by s 150 should be “reserved for urgent cases” and, at [70] “should only be invoked as an emergency power where the circumstances are urgent”. The Tribunal does not perceive that the Respondent accepted that there was “urgency” with respect to the suspension of the Respondent’s registration. This too is considered to be relevant to evaluating the balance of convenience in this case.”

Ultimately the Tribunal decided:

“For the reasons recorded above, whilst others might conclude differently, the Tribunal is persuaded on balance, that, although the Applicant’s prospects of success on appeal appear quite limited, the balance of convenience significantly favours the Applicant, and that it is thus appropriate to stay the suspension order. The Applicant’s appeal can be expedited. The duration of the stay is likely to thus be limited. The Tribunal is satisfied that granting a stay of the suspension order does not pose an unacceptable risk to the health and safety of the public, or to the public interest.”

The decision in Pridgeon continues to be considered and change the way tribunals consider stays and the balance of convenience in matters related to allegations of criminal charges including domestic violence against health practitioners.


Suspension by Heath Councils in NSW may be stayed by successful application after instituting a s159B appeal only. The decision of a tribunal to grant a stay is subject to the developed common law. The nature of the emergency or urgency of the immediate action is becoming a continued focus of appeals of health council section 150 actions particularly in relation to pending criminal matters.


Conduct that gives rise to criminal charges punishable by 12 months imprisonment or more will often have ramifications on practice. Any such criminal charges need to be reported within seven days of the ‘relevant event’.

The full decision is here: