Health Care Complaints Commission v EAE [2024] NSWCATOD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v EAE [2024] NSWCATOD 48 Hearing dates: On papers after 27 March 2024 Date of orders: 17 April 2024 Decision date: 17 April 2024 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Decision: (1) The respondent's application under clause 12(1) of Schedule 5D to the Health Practitioner Regulation National Law (NSW) to terminate the inquiry is granted. (2) The proceedings are dismissed. Catchwords: PROFESSIONS AND TRADES — health care professionals — nurses — where practitioner seeks termination of disciplinary proceedings — whether it is "not in the public interest" for the inquiry to continue Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Children (Criminal Proceedings) Act 1987 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (Cth) Criminal Proceeds Confiscation Act 2002 (QLD) Health Practitioner Regulation National Law (NSW) Proceeds of Crime Act 2002 (Cth) Cases Cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1; [1990] HCA 21 Commissioner of the Australian Federal Police v Fernandez [2018] NSWCA 198 Courtenay Investments Ltd v Director of Public Prosecutions (Cth) [2012] WASCA 121 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Grygiel [2020] NSWCATOD 53 Hogan v Hinch (2011) 243 CLR 506; [2011] HCA 4 O'Sullivan v Farrer (1989) 168 CLR 210 Prakash v Health Care Complaints Commission [2006] NSWCA 153 State of Queensland v Deadman; Thompson v State of Queensland [2016] QCA 218 Texts Cited: Nil Category: Procedural rulings Parties: Health Care Complaints Commission (Applicant) EAE (Respondent) Representation: Solicitors: M McGrath (Health Care Complaints Commission) (Applicant) Respondent (self-represented) File Number(s): 2023/00338444 Publication restriction: (1) The disclosure, publication or broadcast of the name of the respondent is prohibited. This order is made under s 64(1)(a) and (b) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The disclosure, publication or broadcast of the name of the person listed in the Schedule to the complaint (the victim) is prohibited. This order is made under s 64(1)(a) and (b) of the Civil and Administrative Tribunal Act 2013 (NSW).