Zepinic v Health Care Complaints Commission [2020] NSWCA 146

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Zepinic v Health Care Complaints Commission [2020] NSWCA 146 Hearing dates: 17 June 2020 Date of orders: 15 July 2020 Decision date: 15 July 2020 Before: Macfarlan JA; McCallum JA Decision: Application for leave to appeal dismissed with costs. Catchwords: HEALTH – health practitioner – refusal to order reinstatement of applicant as a psychologist – Health Practitioner Regulation National Law s 163B – whether NCAT could take into account applicant's spent convictions – Criminal Records Act ss 12, 16(1) Legislation Cited: Criminal Records Act 1991 (NSW) Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) Psychologists Act 2001 (NSW) Cases Cited: Frugtniet v Australian Securities and Investments Commission (2019) 93 ALJR 629; [2019] HCA 16 Kocic v Commissioner of Police, NSW Police Force (2014) 88 NSWLR 159; [2014] NSWCA 368 Category: Procedural and other rulings Parties: Dr Vito Zepinic (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: Self-represented Applicant Ms P Lowson (Respondent)

Solicitors: Self-represented Applicant Health Care Complaints Commission (Respondent) File Number(s): 2020/43054 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Citation: [2020] NSWSC 13 Date of Decision: 3 February 2020 Before: N Adams J File Number(s): 2018/385664