Chief Health Officer, NSW Health v FRC (application for continuation of public health order) [2023] NSWCATAD 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chief Health Officer, NSW Health v FRC (application for continuation of public health order) [2023] NSWCATAD 76 Hearing dates: 7 February 2023 Date of orders: 7 February 2023 Decision date: 29 March 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: Cole DCJ, Deputy President T Simon, Principal Member Dr B McPhee, Senior Member Decision: Reasons were given for the following orders made on 7 February 2023: 1. The Public Health Order confirmed by the Tribunal on 27 January 2023 is varied and continued for six months from the date of this order, to require [FRC] to: (i) refrain from condomless anal or vaginal intercourse unless he has an HIV viral load of less than 200 copies/mL of blood, as confirmed by the result of the most recent HIV viral load testing in accordance with paragraph (iv); and (ii) not share injecting equipment with anyone; and (iii) submit to the supervision of a medical practitioner at the Waratah Clinic, by attending the Waratah Clinic at St George Hospital, 2 South Street, Kogarah NSW 2217, every 14 days, or less frequently if and as directed by a medical practitioner at the Waratah Clinic; and (iv) undergo HIV viral load testing at the Waratah Clinic at St George Hospital, 2 South Street Kogarah NSW 2217, every 14 days, or less frequently if and as directed by a medical practitioner at the Waratah Clinic; and (v) take BIKTARVY (Bictegravir/emtricitabine/tenofovir alafenamide) or another antiretroviral medication as prescribed by a medical practitioner from the Waratah Clinic and in accordance with the prescription. 2. Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal prohibits: a. the disclosure of the name or any identifying details of the Respondent; and b. publication of evidence given before the Tribunal in this matter, or of matters contained in documents lodged with the Tribunal or received in evidence, insofar as such evidence or documents contain the name or identifying details of the Respondent. Note: Order 1 will continue in operation until 7 August 2023. Catchwords: HEALTH — Public health — Infectious disease — Public health order – Category 5 condition – whether public health order should be continued Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Public Health Act 2010 (NSW) Cases Cited: Chief Health Officer, NSW Health v FRC (application for confirmation of public health order) [2023] NSWCATAD 75 Corlett v Moubarak (no 2) [2023] NSWCATAP 54 Council of the New South Wales Bar Association v EFA [2021] NSWCA 339 DRJ v Commissioner of Victims Rights [2020] NSWCA 136 Misrachi v Public Guardian [2019] NSWCA 67 Category: Principal judgment Parties: Chief Health Officer, NSW Health (Applicant) FRC (Respondent) Representation: Counsel: J Davidson (Applicant)