Health Care Complaints Commission v Sathiyapal [2024] NSWCATOD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sathiyapal [2024] NSWCATOD 84 Hearing dates: 28 May 2024 Date of orders: 25 June 2024 Decision date: 25 June 2024 Jurisdiction: Occupational Division Before: ADCJ Hennessy, Deputy President Decision: (1) Under s 165C(2) of the Health Practitioner Regulation National Law (NSW) the proceedings are terminated. (2) The Tribunal is to be reconstituted in accordance with Part 8 Division 10 of the Health Practitioner Regulation National Law (NSW) for the purposes of conducting a new inquiry. Catchwords: OCCUPATIONS — Heath practitioners — Health Practitioner Regulation National Law (NSW) – where presiding member completed a 5 year term of office and was not re-appointed – whether presiding member has vacated office before the Tribunal has completed an inquiry – whether proceedings are terminated – whether the Tribunal should be reconstituted Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Health Care Complaints Commission v Do [2013] NSWMT 7 Health Care Complaints Commission v Dowla [2018] NSWCATOD 96 Health Care Complaints Commission v Dowla [2019] NSWCATOD 117 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Medical Council of New South Wales v Lee [2017] NSWCA 282 Ross v R [1979] HCA 29; (1979) 141 CLR 432 at 440; Texts Cited: Pearce, DC, Statutory Interpretation in Australia (10th ed, 2024) Category: Procedural rulings Parties: Health Care Complaints Commission (Applicant) Kulanayagam Sathiyapal (Respondent) Representation: Counsel: S Maybury (Applicant) R Rodger (Respondent)