Health Care Complaints Commission v Clarke [2022] NSWCATOD 55

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Clarke [2022] NSWCATOD 55 Hearing dates: 22 April 2022 and on the papers including submissions dated 13 May 2022. Date of orders: 26 May 2022 Decision date: 26 May 2022 Jurisdiction: Occupational Division Before: The Hon Jennifer Boland AM, Deputy President Decision: 1. The application by Sharmain Daisy Clarke for summary dismissal of the Application for Disciplinary Findings and Orders filed on 15 October 2021 is dismissed. 2. The application by Sharmain Daisy Clarke to set aside Summonses issued to the Proper Officer Royal Randwick Medical Centre and Dr Anthony Dinnen is dismissed. 3. Leave is granted to the Health Care Complaints Commission to rely on an Amended Application for disciplinary findings and orders. 4. The costs of the applications are reserved to the substantive proceedings. Catchwords: HEALTH - Professional registration and discipline - Complaints - application for summary dismissal of complaint - application to set aside Summonses. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW). Evidence Act 1995 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law Vexatious Proceedings Act 2008 (NSW) Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 BDK v Department of Education and Communities [2015] NSWCATAP 129 Clarke v Adams [2021] NSWSC 1665 Clarke v Nursing and Midwifery Council of New South Wales [2022] NSWSC 15 Council for the NSW Bar Association v Lott [2016] NSWCATOD 159 Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Knowles [2021] NSWCATOD 49 Kirby v Health Care Complaints Commission [2021] NSWCA 139 Lott v Council of the New South Wales Bar Association [2017] NSWCA 145 Mohareb v Palmer (No 2) [2020] NSWCA 324 Sharmain Daisy Clarke v Health Care Complaints Commission [2022] NSWSC 495 South-Eastern Sydney Local Health District v Clarke [2021] NSWSC 63 Ugur v Attorney General for New South Wales [2019] NSWCA 86 Texts Cited: None cited Category: Procedural rulings Parties: Health Care Complaints Commission (Applicant) Sharmain Daisy Clarke (Respondent) Representation: Counsel: Ms A Petrie (Applicant)