Jan v Health Care Complaints Commission [2020] NSWCATOD 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jan v Health Care Complaints Commission [2020] NSWCATOD 75 Hearing dates: 26 March 2020 and 5 May 2020 (final submissions) Date of orders: 02 July 2020 Decision date: 02 July 2020 Jurisdiction: Occupational Division Before: A Britton, Principal Member Dr E Peel, Senior Member Dr K Campbell, Senior Member S Lovorich, General Member Decision: (1) Application for reinstatement is dismissed. (2) Applicant is to pay the Respondent's costs as agreed or assessed. Catchwords: TRADES AND PROFESSIONS – reinstatement of health practitioner under the Health Practitioner Regulation National Law COSTS – applicable principles where Tribunal is conducting an inquiry into an application for review of a cancellation order under s 163B of the Health Practitioner Regulation National Law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Ameisen v Medical Council of New South Wales [2015] NSWCATOD 49 Bahramy v Medical Council of New South Wales [2014] NSWCATOD 116 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Jangodaz [2016] NSWCATOD 71 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Ristevski v Medical Council of NSW [2016] NSWCATOD 18 Scully v HCCC [2013] NSWNMT 7 Shah v Health Care Complaints Commission [2014] NSWCATOD 94 Category: Principal judgment Parties: Rey Jan (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: A Hourigan (Applicant) N Evans (Respondent)