Kirbach v Health Care Complaints Commission (No. 2) [2015] NSWCATOD 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kirbach v Health Care Complaints Commission (No. 2) [2015] NSWCATOD 162 Hearing dates: 23 October 2015 Date of orders: 13 November 2015 Decision date: 13 November 2015 Jurisdiction: Occupational Division Before: G Walker, Senior Member Decision: HEALTH CARE COMPLAINTS – social worker – code of conduct – risk to public health or safety – prohibition order –public statement – deterrence – publicity -- statement varied in light of the interests of the applicant's children. Catchwords: Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Health Care Complaints Act 1993. Legislation Cited: Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Health Care Complaints Commission v Do [2014] NSWCA 307; New South Wales Bar Association v Meakes [2006] NSWCA 340; Qantas Airways Ltd v Lustig [2015] FCA 253. Cases Cited: S Brown, F-A Esbensen, G Geis, Criminology: Explaining Crime and its Context (2015). Category: Principal judgment Parties: Andreas Kirbach (Applicant) Health Care Complaints Commission (respondent). Representation: Counsel: B Tronson (Respondent)

Solicitors: In Person (Applicant) Health Care Complaints Commission (Respondent) File Number(s): 1510414 Publication restriction: 1. Pursuant to s 64(1)(a) of the NCAT Act, the disclosure of Client A's name is prohibited;2. Pursuant to s 64(1)(c) of the NCAT Act, publication of Client A's name or personal information, or both, being matters contained in documents lodged with the tribunal, is prohibited.