Moslemi v Health Care Complaints Commission [2022] NSWCATOD 170

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moslemi v Health Care Complaints Commission [2022] NSWCATOD 170 Hearing dates: 8 December 2022 Date of orders: 19 December 2022 Decision date: 19 December 2022 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member J Corrigan, Senior Member K Allen, Senior Member R Kusuma, General Member Decision: 1. A reinstatement order under s 163B(1)(c) of the Health Practitioner Regulation National Law (NSW) is made in respect of the applicant. 2. The prohibition order made on 8 January 2020 in proceedings 2019/00171206 is revoked. 3. The applicant is to pay the respondent's costs as agreed or as assessed. Catchwords: PROFESSIONS AND TRADES – health care professional midwife – reinstatement Legislation Cited: Health Practitioner Regulation National Law (NSW) - ss 3, 3A, 55, 139B, 163, 163A, 163B, 163C; cl 13 of Sch 5D Cases Cited: Ake v Health Care Complaints Commission [2019] NSWCATOD 165 Health Care Complaints Commission v Moslemi [2020] NSWCATOD 2 Incorporated Law Institute of New South Wales v Meagher [1909] HCA 87; (1909) 9 CLR 655) Marquinez v Health Care Complaints Commission [2017] NSWCATOD 148 Mnyandu v Health Care Complaints Commission [2015] NSWCATOD 43 Re Lenehan (1948) 77 CLR 403; [1948] HCA 45 Ristevski v Medical Council of NSW [2016] NSWCATOD 18 Scully v Health Care Complaints Commission [2013] NSWNMT 7 Shah v Health Care Complaints Commission [2014] NSWCATOD 94 Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Texts Cited: Nil Category: Principal judgment Parties: Mina Moslemi (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: J Brook (Respondent)