Kirby v Health Care Complaints Commission (No 2) [2022] NSWCATOD 190

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kirby v Health Care Complaints Commission (No 2) [2022] NSWCATOD 190 Hearing dates: 15 October 2021 Date of orders: 20 January 2022 Decision date: 20 January 2022 Jurisdiction: Occupational Division Before: A Britton, Deputy President Decision: (1) The decision made by the Health Care Complaints Commission on 4 October 2016, to make a prohibition order and a publication order under s 41A of the Health Care Complaints Act 1993 (NSW), is set aside. Catchwords: ADMINISTRATIVE LAW — whether the precondition to the exercise of the power to make a "prohibition order" under the Health Care Complaints Act 1993 (NSW) is satisfied — whether registered dentist poses a risk to health and safety of public

ADMINISTRATIVE LAW — administrative review — relevant date in determining an application for an administrative review under the Administrative Decisions Review Act 1997 (NSW)

HEALTH —health practitioner — complaint of breach a code of conduct for non-registered health practitioners Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Federal Commissioner of Taxation v Consolidated Media Holdings (2012) 250 CLR 503; [2012] HCA 55 Kirby v Dental Council of NSW [2020] NSWCA 91 Kirby v Health Care Complaints Commission [2020] NSWCATOD 151 Kirby v Health Care Complaints Commission [2020] NSWSC 1133 Kirby v Health Care Complaints Commission [2021] NSWCA 138 Kirby v Health Care Complaints Commission [2021] NSWCATAP 157 Shi v Migration Agents Registration Authority (2008) 235 CLR 286; [2008] HCA 31 Category: Principal judgment Parties: Dr David Kirby (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: J Shellar SC (Applicant) P Lowson (Respondent)