Health Care Complaints Commission v Wilkinson [2023] NSWCATOD 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Wilkinson [2023] NSWCATOD 156 Hearing dates: 18 October 2023 Date of orders: 31 October 2023 Decision date: 31 October 2023 Jurisdiction: Occupational Division Before: G Blake AM SC, Senior Member M Cooke, Senior Member E Gambrell-Ball, Senior Member M Ficarra OAM, General Member Decision: 1. Leave is granted to the applicant to file an Amended Complaint and service of the Amended Complaint on the respondent is dispensed with. 2. The proceedings are adjourned for a directions hearing on a date fixed by the Registrar to set a timetable and fix a hearing date for the stage 2 hearing to determine what if any protective orders should be made against the respondent. Catchwords: HEALTH — professional registration and discipline — nurse — complaints —whether practitioner breached a condition of registration — whether any such proved breach constitutes unsatisfactory professional conduct — whether practitioner has an impairment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 49, 55, 64 Commonwealth Electoral Act 1918 (Cth) Evidence Act 1995 (NSW), s 140 Health Care Complaints Act 1993 (NSW), ss 14, 41AA Health Practitioner Regulation National Law (NSW), ss 5 139B, 150, 150A, 152L, 152M, 165K, Sch 5, cl 7 Workers Compensation Act 1987 (NSW), s 44B Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Grant v HCCC [2003] NSWCA 73 Health Care Complaints Commission v Dr Leonard Philipiah [2012] NSWMT 14 Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 39 Health Care Complaints Commission v Thistlethwaite [2023] NSWCATOD 95 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: None cited Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Leah Maree Wilkinson (Respondent) Representation: Counsel: I Chatterjee (Applicant)