Health Care Complaints Commission v FCE (No 2) [2021] NSWCATOD 203

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v FCE (No 2) [2021] NSWCATOD 203 Hearing dates: 24 and 25 November 2021 Date of orders: 8 December 2021 Decision date: 08 December 2021 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member Decision: The publication of the name of the respondent and the publication of any information, picture or other material that identifies the respondent or is likely to lead to her identification other than to the Australian Health Practitioner Regulation Agency and to the Dental Council of NSW is prohibited. Catchwords: PROFESSIONS AND TRADES – dental practitioner – disciplinary proceedings –– whether non-publication order should be made to prevent publication of name of dental practitioner – held impact of publication will have serious consequences for recovery of respondent constituting special, exceptional and out of the ordinary circumstances justifying making order PROCEDURAL RULINGS – non -publication order – principles- held impact of publication will have serious consequences for recovery of respondent constituting special, exceptional and out of the ordinary circumstances justifying making order Legislation Cited: Health Practitioner Regulation National Law (NSW), Sch 5D Cl 7, ss 165K, 165M Civil and Administrative Tribunal Act 2013 (NSW), s 49 Cases Cited: Council of the Law Society of NSW v CZD [2017] NSWCATOD 31 Health Care Complaints Commission v Buys (No 2) [2020] NSWCATOD 70 HCCC v Gow (Suppression Order) [2008] NSWMT3 Health Care Complaints Commission v DAC [2017] NSWCATOD 98 Health Care Complaint Commission v Vo [2014] NSWCATOD 127 Category: Procedural rulings Parties: Health Care Complaints Commission (applicant) FCE (respondent) Representation: Counsel: Dr P Dwyer (respondent)