Clarke v Nursing and Midwifery Council of New South Wales [2020] NSWCATOD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Clarke v Nursing and Midwifery Council of New South Wales [2020] NSWCATOD 58 Hearing dates: 7 May 2020 Date of orders: 02 June 2020 Decision date: 02 June 2020 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Decision: (1) The proceedings filed by Ms Clarke on 31 January 2020 and 23 March 2020 in matter number 2020/00032150 are summarily dismissed on the basis that they are misconceived. Catchwords: PROFESSIONS AND TRADES – health care professionals – nurses – application to dismiss proceedings summarily Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2013 (NSW) Health Practitioner Regulation National Law (NSW) Interpretation Act 1987 (NSW) Cases Cited: Clarke v Nursing and Midwifery Council of NSW [2017] NSWCATOD 163 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] 209 CLR 597 Export Development Grants Board v EMI (Australia) Ltd (1985) 9 FCR 269 Kabourakis v The Medical Practitioners Board of Victoria [2006] VSCA 301 Walter Construction Group Limited v Fair Trading Administrative Corporation [2005] NSWCA 65 Texts Cited: Stephen J Moloney Finality of Administrative Decisions and Decisions of the Statutory Tribunal AIAL Forum No 61 p 35 Sir John Laws Judicial Remedies and the Constitution (1994) 57 MLR 213 Zamir and Woolf The Declaratory Judgment (Sweet and Maxwell, 2002) Category: Procedural and other rulings Parties: Sharmain Daisy Clarke (Applicant) Nursing and Midwifery Council of New South Wales (Respondent) Representation: Applicant (self-represented) Health Professional Councils Authority (Respondent) File Number(s): 2020/00032150 Publication restriction: Nil