Virgara v Health Care Complaints Commission [2023] NSWCATOD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Virgara v Health Care Complaints Commission [2023] NSWCATOD 133 Hearing dates: 13 July 2023 Date of orders: 1 September 2023 Decision date: 01 September 2023 Jurisdiction: Occupational Division Before: L Andelman, Senior Member Decision: 1. The Application is dismissed. 2. The Tribunal has determined the matter without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: HEALTH CARE COMPLAINTS ACT – Actions against non-registered health practitioners – counsellor - interim prohibition order – code of conduct – provision of health services in a safe and ethical manner – engagement in sexual or other close relationship with client - administrative review Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Health Care Complaints Act 1993 Public Health Act 2010 Public Health Regulation 2012 Public Health Regulation 2022 Cases Cited: Nil Category: Principal judgment Parties: Martin Francis Virgara (Applicant) Health Care Complaints Commission (Respondent) Representation: Applicant (Self-represented) Health Care Complaints Commission (Respondent) File Number(s): 2023/00154839 Publication restriction: Pursuant to s.64(1)(c) and (f) of the Civil and Administrative Tribunal Act 2013 (NSW), the names of any clients of the applicant and person referred to as X are not to be disclosed or broadcast.