Larter v Paramedicine Council of NSW (No 2) [2023] NSWCATOD 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Larter v Paramedicine Council of NSW (No 2) [2023] NSWCATOD 13 Hearing dates: 17 - 18 November 2022 Date of orders: 08 February 2023 Decision date: 08 February 2023 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member M Smith, Senior Member W Hughes, Senior Member R Kusuma, General Member Decision: 1.There be no extension of time for the service or enforcement of the summons for the production of documents issued to the Australian Health Practitioner Regulation Authority on 20 October 2022. 2. In respect of the summons for the production of documents issued by the Tribunal to the Respondent dated 20 October 2022 the Respondent is entitled to the immunity under s 99A(2A) of the Health Care Complaints Act 1993 (NSW) and the documents are not to be produced. Catchwords: Practice and Procedure – summons for production of documents served out of time – summons for production of documents immune from production Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Legislation (Miscellaneous Amendments) Act 2020 (NSW) Health Practitioner Regulation National Law (NSW) Interpretation Act 1987 (NSW) Cases Cited: Becwell Legal Services Pty Ltd v McMaster [2011] FCA 1501 CPJ v The University of Newcastle [2017] NSWCATAD 350 Khoury v Kirwan (No. 3) [2021] VSC 304 Portal Software v Bodsworth [2005] NSWSC 1115 Stuart v Commissioner for Fair Trading [2018] NSWCATAD 90 Texts Cited: Nil Category: Procedural rulings Parties: John Edward Larter (Appellant) Paramedicine Council of NSW (Respondent) Representation: Counsel: S Prince SC (Apellant) T Wong (Appellant) H Bennett (Respondent)