A psychiatrist who became addicted to heroin and had a sexual relationship with a patient has won his battle to be allowed to resume practising.
Jonathan Tan Meng Kwang Smithson was struck off the NSW medical register in 2000 after being found guilty of professional misconduct and being found to suffer an impairment, severe depression and a narcotics addiction.
The now 53-year-old, who had practised in Newcastle and Sydney, applied to the NSW Civil and Administrative Tribunal for permission to apply to be re-registered.
He submitted he has overcome his drug addiction and is a fit and proper person to resume the practice of medicine.
The NSW Medical Council neither consented to, nor opposed, his application.
On Tuesday, the four-person tribunal ordered that he can apply to be re-instated, but listed a raft of conditions, including supervision and monitoring, to be imposed on his registration.
"Overall, we conclude that the applicant has overcome the high hurdle to justify being re-instated but subject to conditions to ensure the safety of the public and his own health and well-being," the tribunal said.
He has paid for thrice weekly drug screens since 2013, attends Doctors in Recovery and Narcotics Anonymous, consults regularly with a psychiatrist, does volunteer work at the Wayside Chapel and has obtained legal qualifications.
"Instead of 'vaulting ambition' driven by insecurity and neediness, I simply wish to live a useful life, within the limits of my abilities," he told the tribunal.
After hearing from experts, the tribunal was satisfied that future drug-related conduct is not likely to be an issue.
It also found he had demonstrated insight and remorse over the improper patient relationship and his illicit drug use.
It accepted he was a "man of superior intelligence" who showed a "single minded focus on regaining his registration" and had made significant recovery and rehabilitation efforts.
"He is to be commended for all the positive steps he has undertaken."
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