Attai v Psychology Council of New South Wales [2022] NSWCATOD 136

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Attai v Psychology Council of New South Wales [2022] NSWCATOD 136 Hearing dates: 28 June 2022 Date of orders: Order 1 made on 28 June 2022 Order 2 - 4 made on 1 November 2022 Decision date: 01 November 2022 Jurisdiction: Occupational Division Before: C Mulvey, Senior Member Dr C Lennings, Senior Member W Conroy, Senior Member J Kearney, General Member Decision: (1) In proceeding 2022/114008 the appeal under s 159 of the Health Practitioner Regulation National Law (NSW) is dismissed pursuant to cl 12 of schedule 5D of the Health Practitioner Regulation National Law (NSW) with no order as to costs. (2) In proceeding 2021/265116 the appeal under s 159 of the Health Practitioner Regulation National Law (NSW) is dismissed pursuant to cl 12 of schedule 5D of the Health Practitioner Regulation National Law (NSW) with no order as to costs. (3) In proceeding 2021/265116 the decisions made by the Psychology Council of New South Wales on 24 August 2021 and 9 March 2022 are confirmed pursuant to s 159C of the Health Practitioner Regulation National Law (NSW). (4) In proceeding 2021/265116 the practitioner must pay the legal costs of the Psychology Council of New South Wales in the appeal made under s 159B of the Health Practitioner Regulation National Law (NSW), to be agreed or assessed. Catchwords: PROFESSIONS AND TRADES – health care professionals - psychologist – conditions placed on registration under s 150 and s 150A of the Health Practitioner Regulation National Law (NSW) - appeal under s 159 and 159B of the Health Practitioner Regulation National Law (NSW) - conduct – breach of public health order – conditions withdrawn s 150A(3), s 150C and s 150H(2)(b) of the Health Practitioner Regulation National Law (NSW) – appeal – withdrawal of appeal – dismissed - cl 12 of schedule 5D of the Health Practitioner Regulation National Law (NSW) – denial of procedural fairness – against the weight of evidence – exercise of discretion – unreasonable or unjust - no error of law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd (2019) 99 NSWLR 419; [2019] NSWCA 61 HCCC v Duggan [2015] NSWCATOD 142 House v R (1936) 55 CLR 499; [1936] HCA 40 Jayswal v Medical Council of New South Wales [2022] NSWCATOD 53 Kioa v West (1985) 159 CLR 550 Ng v Pharmacy Council of New South Wales [2022] NSWCATOD 49 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1 Category: Principal judgment Parties: Mohammed Attai (Applicant) Psychology Council of New South Wales (Respondent) Representation: Counsel: K Linderman (Respondent) Solicitors: Applicant (Self-represented) Health Professionals Councils Authority (Respondent) File Number(s): 2021/265116 2022/114008 Publication restriction: None