Health Care Complaints Commission v Mooney [2022] NSWCATOD 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Mooney [2022] NSWCATOD 43 Hearing dates: 1 April 2022 Date of orders: 21 April 2022 Decision date: 21 April 2022 Jurisdiction: Occupational Division Before: Balla ADCJ, Principal Member Decision: 1 The Application is refused. 2 No order as to the costs of the Application. Catchwords: OCCUPATIONS – Medical practitioners – Misconduct and discipline – Protective Orders – Non-Publication Order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s64 Cases Cited: DLH v Nationwide News Pty Ltd [2018] NSWCATAD 92 McCarthy v HCCC [2019] NSWCATOD 142 Metleg v Commissioner of Police [2021] NSWCATAD 358 State of NSW (Justice Health) v Dezfouli [2008] NSWADTAP 69 Texts Cited: None cited Category: Procedural rulings Parties: Ms Kate McClymont (Applicant on the Application) Health Care Complaints Commission (Applicant in the proceedings) Dr William Mooney (Respondent in the proceedings) Representation: Counsel: P Aitken (Applicant) C Jackson (Respondent)

Solicitors: L Alick,(in house counsel, Nine) (Applicant on the Application) B Chisholm (Director of Proceedings HCCC) (Applicant) Avant Mutual (Respondent) File Number(s): 2019/00294814; 2019/00400872 Publication restriction: 2019/00294814 (1) Pursuant to s 64(1)(a) and (d) of the Civil and Administrative Tribunal Act 2013 (NSW): (a) The publication by any person or entity of the name of the patients set out in the Schedule to the Complaint is prohibited. (b) The disclosure of the contents of any document lodged with the Tribunal in relation to the patients set out in the Schedule to the Complaint is restricted to the parties to the proceedings.