Health Care Complaints Commission v Knowles [2021] NSWCATOD 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Knowles [2021] NSWCATOD 49 Hearing dates: 15 February 2021 Date of orders: 15 February 2021 Decision date: 27 April 2021 Jurisdiction: Occupational Division Before: A Britton, Principal Member Decision: (1) The application under clause 12 of Schedule 5D to the Health Practitioner Regulation National Law (NSW) is dismissed. Catchwords: HEALTH — professional registration and discipline — interlocutory orders — termination of inquiry into complaint about health practitioner — whether it is not in the public interest for inquiry into complaint to continue Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Therapeutic Goods Act 1989 (Cth) Cases Cited: Degiorgio v Dunn (No 2) (2005) 62 NSWLR 284; [2005] NSWSC 3 Heath Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Plummer [2020] NSWCATOD 16 O'Sullivan v Farrer (1989) 168 CLR 210; [1989] HCA 61 Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal (2012) 246 CLR 379; [2012] HCA 36 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Water Conservation and Irrigation Commission (New South Wales) v Browning (1947) 74 CLR 492; [1947] HCA 21 Texts Cited: Pharmacy Board of Australia, "Guidelines on compounding of medicines" (August 2017) Category: Procedural rulings Parties: Health Care Complaints Commission (Applicant) Daryll Knowles (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2019/00401053 Publication restriction: Pursuant to section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) the publication, broadcast or disclosure of the name of any patient referred to in these proceedings is prohibited.