Health Care Complaints Commission v GGZ [2024] NSWCATOD 53

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v GGZ [2024] NSWCATOD 53 Hearing dates: On papers after 20 March 2024 Date of orders: 24 April 2024 Decision date: 24 April 2024 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Decision: (1) The respondent's application for a suppression order and a non-publication order is refused. (2) The respondent is directed to advise the Tribunal within 28 days as to whether he intends to appeal from Order 1. Note: The initials GGZ have been used to identify the respondent in this decision. If the respondent does not advise the Tribunal that he intends to appeal within 28 days, the decision will be re-issued and re-published with the name of the respondent substituted for the initials GGZ. Additional order made 02 August 2024; (3) Pursuant to s 64(1)(a) of the NCAT Act, publication of the file number connected to the application the subject of this decision is prohibited because it may lead to the identification of the name of the respondent. Catchwords: CIVIL PROCEDURE — suppression and non-publication orders — relationship between the power to make suppression and non-publication orders under the Health Practitioner Regulation National Law and the power to make those orders under the Civil and Administrative Tribunal Act 2013 (NSW); applicability of decision in Walton v Momot [1997] NSWCA 334 Legislation Cited: Chiropractors and Osteopaths Act 1991 (NSW) (repealed) Civil and Administrative Tribunal Act 2013 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: DRJ v Commissioner of Victims Rights [2020] NSWCA 136 Health Care Complaints Commission v BXD (No 2) [2015] NSWCATOD 135 Health Care Complaints Commission v CSM [2016] NSWCATOD 125 Health Care Complaints Commission v Dowla (Jurisdiction Application) [2018] NSWCATOD 96 Shi v Migration Agents Registration Authority [2008] HCA 31 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Walton v Momot [1997] NSWCA 334 Texts Cited: None Category: Procedural rulings Parties: Health Care Complaints Commission (Applicant) GGZ (Respondent) Representation: Counsel: K Sharma (Applicant) S Gaussen (Respondent)