Bolstad v Psychology Council of New South Wales (No 2) [2020] NSWSC 1417

Supreme Court New South Wales

Medium Neutral Citation: Bolstad v Psychology Council of New South Wales (No 2) [2020] NSWSC 1417 Hearing dates: 2 September 2020 Date of orders: 2 September 2020 Decision date: 14 October 2020 Jurisdiction: Common Law Before: Rothman J Decision: (1) The Psychology Council of NSW and or its nominees be restrained from proceeding to make final orders of suspension of registration under s 150 Health Practitioner Regulation National Law (NSW) (hereinafter "the Act") relating to the Applicant, Ms Christine Bolstad, until the Applicant has been afforded a reasonable opportunity to prepare her case or until a date after 25 September 2020, whichever is earlier. (2) Declaration that a condition that the Applicant not practise psychology pending the further hearing to finalise the issues under s 150 of the Act or an interim order suspending registration until the further hearing to finalise the issues under s 150 of the Act is not a final order that is constrained by Order 1 herein. (3) No order as to costs. Catchwords: ADMINISTRATIVE LAW – natural justice – urgent need for orders to protect public – permanent orders affect burden of proof – need to preserve right of plaintiff to prepare and present material while still protecting the public. Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 3, 150, 150A, 159 Cases Cited: Annetts v McCann (1990) 170 CLR 596; [1990] HCA 57 CPCF v Minister for Immigration (2015) 255 CLR 514; [2015] HCA 1 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Daryll Knowles v Pharmacy Council of New South Wales [2016] NSWSC 7 Sullivan v Department of Transport (1978) 20 ALR 323; [1978] FCA 48 Category: Procedural and other rulings Parties: Christine Bolstad (Applicant) Psychology Council of New South Wales (Respondent) Representation: Counsel: H Marshall SC (Applicant) A Petrie (Respondent)