Health Care Complaints Commission v FDE [2021] NSWCATOD 215

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v FDE [2021] NSWCATOD 215 Hearing dates: 3 December 2021 Date of orders: 22 December 2021 Decision date: 22 December 2021 Jurisdiction: Occupational Division Before: Coleman SC ADCJ, Principal Member Decision: (1) That, until midnight on 11 January 2022, pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of the name of the Respondent is prohibited. (2) That, until midnight on 11 January 2022, pursuant to s 64(1)(b) and (c) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication or broadcasting of any report of the substantive proceedings in the Tribunal, or any evidence given in the proceedings is prohibited. (3) That, notwithstanding the terms of orders 1 and 2, any orders of the Tribunal cancelling or otherwise affecting the registration or re-registration of the Respondent pursuant to the Health Practitioner Regulation National Law (NSW) and the name of the Respondent may be published on any public register or roll maintained by the Medical Council of New South Wales, the Australian Health Practitioner Regulation Agency, or the entity responsible for maintaining such register or roll in New Zealand. Catchwords: OCCUPATIONS — Heath practitioners — Misconduct and discipline — Disciplinary proceedings — Where interim non-publication order made to protect physical safety of practitioner in protective custody — Whether non-publication order should be discharged or continued until practitioner released from prison Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: HCCC v Dr Alex Simring (Suppression Order) [2010] NSWMT 6 HCCC v Dr Gow (Suppression order) [2008] NSWMT 3 Health Care Complaints Commission v CSM [2018] NSWSC 902 Health Care Complaints Commission v Dr A [2012] NSWMT 10 Health Care Complaints Commission v Dr Annette Dao Quynh Do (No 2) [2013] NSWMT 11 Health Care Complaints Commission v Reid (Publication Application) [2019] NSWCATOD 31 Health Care Complaints Commission v Vo [2014] NSWCATOD 127 Health Care Complaints Commission v ZXY [2021] NSWCATOD 136 Walton v Momot [1997] NSWCA 334 Category: Procedural rulings Parties: Health Care complaints Commission (Applicant) FDE (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (Self-Represented) File Number(s): 2021/00050764 Publication restriction: Until midnight on 11 January 2022, pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of the name of the Respondent is prohibited.