Singh v Health Care Complaints Commission [2023] NSWCATAP 240

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Singh v Health Care Complaints Commission [2023] NSWCATAP 240 Hearing dates: 23 June 2023 Date of orders: 25 August 2023 Decision date: 25 August 2023 Jurisdiction: Appeal Panel Before: Hennessy, ADCJ, Deputy President Dr R Dubler SC, Senior Member Decision: 1. Appeal is dismissed. 2. The Appellant is to pay the Respondent's costs as agreed or assessed. Catchwords: OCCUPATIONS – whether an interlocutory decision in respect of a summons to produce in proceedings in the occupational division of the Tribunal is a decision made for the purposes of the Health Practitioner's Regulation National Law (NSW) within the meaning of clause 29(1)(d) of Schedule 5 of the Civil and Administrative Tribunal Act 2013 (NSW) – whether accordingly such a decision is 'not internally appealable' pursuant to s 32 of the Civil and Administrative Tribunal Act 2013 (NSW). APPEAL – whether an interlocutory decision in respect of access to documents produced on a summons is not internally appealable by reason of the decision being in proceedings made for the purposes of the Health Practitioner's Regulation National Law (NSW) within the meaning of clause 29(1)(d) of Schedule 5 of the Civil and Administrative Tribunal Act 2013 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Supreme Court Act 1970 (NSW) Cases Cited: HCCC v Robinson [2022] NSWCA 164 Health Care Complaints Commission v Livermore (No 2) [2021] NSWCATOD 115 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Commission v Wilcox (No 2) [2020] NSWCATOD 51 Texts Cited: Nil Category: Principal judgment Parties: Ugendra Singh (Appellant) Health Care Complaints Commission (Respondent) Representation: Counsel: J Donnelly, E Vuu, J Drew (Appellant) S McCarthy (Respondent)