Health Care Complaints Commission v Moussa [2021] NSWCATOD 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Moussa [2021] NSWCATOD 62 Hearing dates: On the papers Date of orders: 07 May 2021 Decision date: 07 May 2021 Jurisdiction: Occupational Division Before: The Hon J Boland AM, Deputy President Decision: (1) The application by Dr Jamal Moussa for adjournment of the disciplinary proceedings listed for hearing commencing 17 May 2021 is refused. (2) Dr Jamal Moussa is to serve on the Health Care Complaints Commission a Reply and all material on which he seeks to rely in respect of Stage 1 proceedings by 12 May 2021. (3) Health Care Complaints Commission is to serve on Dr Jamal Moussa any material in reply if any by 14 May 2021. (4) Dr Jamal Moussa is to provide to the Registrar, Occupational Division five copies of all material on which that party relies together with four USBs containing the material by 14 May 2021. (5) Leave is granted to Dr Jamal Moussa to issue a summons to Dr Glastonbury for production of clinical records from January 2019 to date. (6) Health Care Complaints Commission is to have first access to inspection of any documents produced by Dr Glastonbury. If access to Dr Jamal Moussa is not opposed by the Health Care Complaints Commission he may inspect any documents after access by the Health Care Complaints Commission. (7) In the event that access to any documents produced by Dr Glastonbury is opposed by the Health Care Complaints Commission the question of access may be determined by the List Manager or The Hon Cowdroy AO QC ADCJ at the commencement of the hearing. (8) The hearing listed to commence on 17 May 2021 for three days is confirmed and will be a Stage 1 hearing only. Catchwords: HEALTH — professional registration and discipline — complaints — application to vacate hearing dates Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Council of the NSW Bar Association v Lott [2016] NSWCATOD 159 Health Care Complaints Commission v Mooney [2021] NSWCATOD 15 Lott v Council of the New South Wales Bar Association [2017] NSWCA 145 Texts Cited: Nil Category: Procedural rulings Parties: Health Care Complaints Commission (Applicant) Dr Jamal Moussa (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Meridian Lawyers (Respondent) File Number(s): 2020/00339532 Publication restriction: On 18 December 2020 an order was made pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the publication of the name of the patient and persons set out in the schedule to the Complaint.