Health Care Complaints Commission v Arnaudon [2023] NSWCATOD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Arnaudon [2023] NSWCATOD 36 Hearing dates: On the papers after 22 February 2023 Date of orders: 23 March 2023 Decision date: 23 March 2023 Jurisdiction: Occupational Division Before: N Hennessy ADCJ, Deputy President Decision: (1) Under clause 12 of Schedule 5D of the Health Practitioner Regulation National Law (NSW) the Tribunal decides not to conduct an inquiry into the Complaint filed by the Health Care Complaints Commission on 12 December 2022. (2) The Respondent is to pay the reasonable costs of the Commission as agreed or assessed. Catchwords: HEALTH – professional registration and discipline – complaints – where Tribunal decides not to conduct inquiry into application for disciplinary findings and orders – where not in the public interest for the inquiry to continue – where the person about whom the complaint is made ceases to be a registered health practitioner Legislation Cited: Health Practitioner Regulation National Law (NSW), s 3A(1), Sch 5D cl 12 Poisons and Therapeutic Goods Regulation 2008 (NSW), Sch 4 Appendix D, Sch 8 Cases Cited: Health Care Complaints Commission v Khan [2014] NSWCATOD 83 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Francis Peter Arnaudon (Respondent) Representation: Counsel: C Jackson (Respondent)

Solicitors: Health Care Complaints Commission (Applicant) Avant Law (Respondent) File Number(s): 2022/00374644