Health Care Complaints Commission v Parikh [2022] NSWCATOD 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Parikh [2022] NSWCATOD 116 Hearing dates: On the papers Date of orders: 12 October 2022 Decision date: 12 October 2022 Jurisdiction: Occupational Division Before: The Hon Jennifer Boland AM, Deputy President Decision: 1. The hearing listed for 4 days to commence on 17 October 2022 is vacated. 2. The matter is listed for directions on 25 November 2022 at 9.50am. Catchwords: HEALTH – registration and discipline – complaints – Application to adjourn hearing. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Texts Cited: Guideline 3 - Adjournments Category: Procedural rulings Parties: Health Care Complaints Commission (Applicant) Harshul Suresh Parikh (Respondent) Representation: Health Care Complaints Commission (Applicant Respondent (self-represented) File Number(s): 2021/00257880 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. The Health Care Complaints Commission (HCCC) has brought disciplinary proceedings in the Tribunal against Dr Harshul Suresh Parikh (the practitioner). The proceedings are listed for hearing for four days commencing on 17 October 2022. Dr Parikh is self-represented in the proceedings. 2. On 7 October 2022 the practitioner forwarded an email to the Registrar advising that his mother "had taken ill" in India, that he is an only child, and that he was going to India to care for her. The practitioner recorded that he had advised the HCCC late on the evening of 6 October 2022 that he was travelling to India. The practitioner asks that the hearing be adjourned. 3. On 8 October 2022 the practitioner sent a further email to the Registrar and the HCCC. He noted he had already sent medical certificates, travel documents, airline tickets and attached to the email his airline boarding pass and a copy of a stamp in his passport evidencing his arrival at Mumbai airport. 4. The HCCC wrote to the Registrar on 10 October 2022 by email and confirmed "the HCCC has had an opportunity to consider the respondent's material and that the HCCC remains neutral on the application and does not seek to be heard".