Dudhela v Health Care Complaints Commission [2024] NSWCATOD 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dudhela v Health Care Complaints Commission [2024] NSWCATOD 35 Hearing dates: 22 February 2024 Date of orders: 22 March 2024 Decision date: 22 March 2024 Jurisdiction: Occupational Division Before: S Dunn, Senior Member T Anderson, Senior Member D Robertson, Senior Member A Gray, General Member Decision: (1) Pursuant to s 163B(1) of the Health Practitioner Regulation National Law (National Law), the application is dismissed. (2) The Applicant is to pay the Health Care Complaints Commission's costs as agreed or assessed. Catchwords: OCCUPATIONS – reinstatement application – whether Applicant has discharged onus of proof Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 163A, 163B, 163C, Sch 5D cl 13 Cases Cited: Ake v Health Care Complaints Commission [2019] NSWCATOD 165 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Brown v Health Care Complaints Commission [2015] NSWCATOD 40 Donnelly v Health Care Complaints Commission [2014] NSWCATOD 155 Health Care Complaints Commission v Dudhela [2021] NSWCATOD 59 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Mayr v Health Care Complaints Commission [2023] NSWCATOD 148 Mnyandu v Health Care Complaints Commission [2015] NSWCATOD 43 Mooney v Medical Council of NSW [2024] NSWCATOD 24 Qasim v Medical Council of New South Wales [2021] NSWCA 173 Ristevski v Medical Council of NSW [2016] NSWCATOD 18 Vito Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Zepinic v Health Care Complaints Commission (No 2) [2018] NSWCATOD 166 Category: Principal judgment Parties: Mehul Dudhela (Applicant) Health Care Complaints Commission (Respondent) Representation: NSW Nurses and Midwives' Association (Applicant)