Health Care Complaints Commission v FHB [2022] NSWCATOD 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v FHB [2022] NSWCATOD 19 Hearing dates: October 2021 and November 2021 (final submissions) and January 2022 Date of orders: 15 February 2022 Decision date: 15 February 2022 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Dr A Eyers, Senior Member Dr A Reid, Senior Member D Telford, General Member Decision: (1) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the names of the patients set out in the schedule of the complaint and the names of the patients mentioned in any of the evidence before the Tribunal, to any person or entity, is prohibited. (2) The Application for disciplinary findings and orders is refused. (3) Pursuant to Schedule 5D clause 7 of the Health Practitioner Regulation National Law (NSW) the publication of the following information is prohibited: (a) the name of the respondent, including any information or other material that identifies the respondent or is likely to lead to the identification of the respondent, (b) the names of the nurses called as witnesses, including any information or other material that identifies the nurses or is likely to lead to the identification of the nurses. (4) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the disclosure of the following information is prohibited: (a) the name of the respondent, (b) the names of the nurses called as witnesses. (5) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 the publication of the transcript of proceedings and of any evidence given before the Tribunal at the hearing of these proceedings, whether orally or by document, is prohibited, except for evidence reproduced in the written decision of the Tribunal published on Caselaw. (6) These orders do not apply to the disclosure of the Tribunal's decision (a) by the applicant to the Australian Health Practitioner Regulation Agency, the Medical Council of NSW and Ramsay Healthcare Australia Pty Ltd; and (b) by the respondent to the Australian Health Practitioner Regulation Agency, the Medical Council of NSW, any employer or potential employer of the respondent or any educational organisation which seeks to engage the respondent's services. Catchwords: OCCUPATIONS – Medical practitioner – allegations of unsatisfactory conduct and professional misconduct Legislation Cited: Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Foster v Hunter New England Area Health Service [2010] NSWCA 106 Bronze Wing International Pty Ltd v Safework NSW [2017] NSWCA 41 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) FHB (Respondent) Representation: Counsel: S Maybury (Applicant) P J Griffin SC (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Unsworth Legal (Respondent) File Number(s): 2021/00087709 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the names of the patients set out in the schedule of the complaint and the names of the patients mentioned in any of the evidence before the Tribunal, to any person or entity, is prohibited.