Chief Health Officer, NSW Health v FRC (application for confirmation of public health order) [2023] NSWCATAD 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chief Health Officer, NSW Health v FRC (application for confirmation of public health order) [2023] NSWCATAD 75 Hearing dates: 27 January 2023 Date of orders: 27 January 2023 Decision date: 27 March 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: Cole DCJ, Deputy President Decision: Pursuant to s 64 of the Public Health Act 2010 (NSW), the order made under s 62 of the Act, on 4 January 2023, with respect to the respondent, is hereby varied by the omission of the requirement set out in paragraph (vii) of the order, and the order, so varied, is confirmed. Catchwords: HEALTH — Public health — Infectious disease —Public health order — Category 5 condition — whether public health order should be confirmed, varied or removed Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Migration Act 1958 (Cth) Public Health Act 2010 (NSW) Public Health Regulation 2022 Cases Cited: Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 289 FCR 21; [2022] FCAFC 3 Texts Cited: David J Carter, "The Use of Coercive Public Health and Human Biosecurity Law in Australia: An Empirical Analysis" (2020) 43(1) University of New South Wales Law Journal 117-154 Category: Principal judgment Parties: Chief Health Officer, NSW Health (Applicant) FRC (Respondent) Representation: Counsel: J Davidson (Applicant) A Strik (Respondent)