Bolton v Health Care Complaints Commission [2024] NSWCATOD 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bolton v Health Care Complaints Commission [2024] NSWCATOD 12 Hearing dates: 6 November 2023 Date of orders: 29 January 2024 Decision date: 29 January 2024 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member R McIntyre, Senior Member E Euripidou, Senior Member Dr R Leontini, General Member Decision: 1. The application for reinstatement is dismissed. 2. If the applicant opposes the Tribunal's proposal that he pay the Commissions costs as agreed or as assessed: (a) the applicant must file submissions on or before 12 February 2024; (b) the Commission may respond on or before 26 February 2024; (c) the applicant may reply on or before 4 March 2024. Catchwords: PROFESSIONS AND TRADES – optometry – application for reinstatement Legislation Cited: Crimes Act 1900 (NSW), s 195(1)(a). Health Practitioner Regulation National Law (NSW), ss 5, 144, 139B, 139E, 163B, 163C Cases Cited: Haber v Health Care Complaints Commission [2018] NSWCATOD 16 Health Care Complaints Commission v Bolton [2021] NSWCATOD 160 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Incorporated Law Institute of New South Wales v Meagher [1909] HCA 87; (1909) 9 CLR 655); Jan v Health Care Complaints Commission [2021] NSWSC 350 Marquinez v Health Care Complaints Commission [2017] NSWCATOD 148 Moslemi v Health Care Complaints Commission [2022] NSWCATOD 170 Re Lenehan (1948) 77 CLR 403; [1948] HCA 45 Sedghi v Liew [2024] NSWCATAP 6 Shah v Health Care Complaints Commission [2014] NSWCATOD 94 Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Texts Cited: Nil Category: Principal judgment Parties: Benjamin Bolton (Applicant) Health Care Complaints Commission (Respondent) Representation: Solicitors: Self-Represented (Applicant) Health Care Complaints Commission (Respondent) File Number(s): 2023/00213373