Bechara v Health Care Complaints Commission [2023] NSWCATOD 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bechara v Health Care Complaints Commission [2023] NSWCATOD 62 Hearing dates: 9 December 2022 Date of orders: 16 May 2023 Decision date: 16 May 2023 Jurisdiction: Occupational Division Before: C Mulvey, Senior Member L Carlin, Senior Member E Chiarella, Senior Member M Ficarra, General Member Decision: (1) The application is dismissed. (2) Pursuant to s 163B(5) of the Health Practitioner Regulation National Law (NSW), the Applicant is not to make any application for review of the cancellation of her registration for a period of 18 months from the date of this decision. (3)The Applicant is to pay the Health Care Complaints Commission's costs of and incidental to the proceedings as agreed or assessed. Catchwords: OCCUPATIONS – nurses – reinstatement application – breach of conditions – whether onus established – whether reformation, rehabilitation and insight established Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 149C(5), 163B, 163C, Sch 5D cl 13 Health Practitioner Regulation National Law (Victoria) Health Practitioner Regulation National Law (Victoria) Act 2009 (Vic), s 116(1)(c) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Donnelly v Health Care Complaints Commission [2014] NSWCATOD 155 Ex parte Tziniolis; Re Medical Practitioners Act (1966) 67 SR (NSW) 448; [1967] 1 NSWR 357 Forster v Hunter New England Area Health Service (2010) 77 NSWLR 495; [2010] NSWCA 106 Haber v Health Care Complaints Commission [2018] NSWCATOD 16 Health Care Complaints Commission v Bechara [2020] NSWCATOD 54 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 CLR 445; [1992] HCA 66 Ng v Health Care Complaints Commission [2018] NSWCATOD 105 Ristevski v Medical Council of NSW [2016] NSWCATOD 18 Category: Principal judgment Parties: Tanya Bechara (Applicant) Health Care Complaints Commission (Respondent) Representation: Solicitors: Applicant (self-represented) Health Care Complaints Commission (Respondent) File Number(s): 2022/00226774 Publication restriction: Nil