Health Care Complaints Commission v Ghosh (No 2) [2020] NSWCATOD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ghosh (No 2) [2020] NSWCATOD 90 Hearing dates: 6 August 2020 Date of orders: 17 August 2020 Decision date: 17 August 2020 Jurisdiction: Occupational Division Before: D Cowdroy AO QC ADCJ, Principal Member Dr H Haikal-Mukhtar, Senior Member Dr S Mares, Senior Member Honorary Associate Professor P Macneill, General Member Decision: (1) The stay of orders referred to in order (5) of the orders made on 15 April 2020 and confirmed by the stay order made on 1 June 2020 be terminated forthwith; (2) The orders (1) to (4) referred to in the decision of this Tribunal delivered on 15 April 2020 operate instanter; (3) The Respondent is to pay the costs of this application. Catchwords: OCCUPATIONS – Heath practitioners – Misconduct and discipline – Disciplinary proceedings – leave reserved to Respondent to show cause why the orders should not be made – leave exercised – no material advanced to justify any alteration to the orders proposed Legislation Cited: Civil and Administrative Tribunal Act No.2 2013 Health Practitioner Regulation National Law (NSW) Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Ghosh v Medical Council of NSW [2018] NSWCATOD 186 Health Care Complaints Commission v Ghosh [2020] NSWCATOD 38 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ratna Ghosh (Respondent) Representation: Counsel: A Britt (Applicant) C Jackson (Respondent)