Kirby v Health Care Complaints Commission [2020] NSWCATOD 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kirby v Health Care Complaints Commission [2020] NSWCATOD 151 Hearing dates: 27 November 2020 Date of orders: 21 December 2020 Decision date: 21 December 2020 Jurisdiction: Occupational Division Before: A Britton, Principal Member Decision: 1. The application to stay the operation of the Publication Order is refused. 2. The matter is listed for directions on January 28 2021 at 9:30 am by phone. Catchwords: PRACTICE AND PROCEDURE — stay of publication of prohibition order Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Kirbach v Health Care Complaints Commission [2015] NSWCATAD 195 Kirby v Dental Council of New South Wales [2017] NSWCATOD 64 Kirby v Dental Council of New South Wales [2018] NSWSC 1869 Kirby v Dental Council of NSW [2020] NSWCA 91 Kirby v Health Care Complaints Commission [2020] NSWSC 1207 Kirby v Health Care t/as Health Care Complaints Commission [2020] NSWSC 1133 Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80 QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113 Texts Cited: Department of Health, 'Australian Register of Therapeutic Goods' (2019) Category: Procedural and other rulings Parties: Dr David Kirby (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: J Shellar SC (Applicant ) P Lowson (Respondent)