Solaris v Health Care Complaints Commission [2024] NSWCATOD 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Solaris v Health Care Complaints Commission [2024] NSWCATOD 97 Hearing dates: 19 March 2024 and 7 May 2024 Date of orders: 11 July 2024 Decision date: 11 July 2024 Jurisdiction: Occupational Division Before: K Ransome, Principal Member Decision: (1) Pursuant to s 49 of the Civil and Administrative Tribunal Act 2013 the hearing of this application, insofar as it relates to the Confidential Material filed by the respondent, be conducted in the absence of the applicant, his representative (if any) and the public. (2) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, until further order of the Tribunal, the publication of the Confidential Material or matters contained in the Confidential Material is prohibited. (3) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013, until further order of the Tribunal, the disclosure of the Confidential Material or matters contained in the Confidential Material is restricted to the respondent, the respondent's legal representatives and the Tribunal. (4) Pursuant to ss 64(1)(b) and 64(1)(c) of the Civil and Administrative Tribunal Act 2013, until further order of the Tribunal, the publication or reporting of the hearing of this application insofar as it relates to the Confidential Material, including any evidence given in the hearing, is prohibited. (5) The application by the applicant for non-publication orders is refused. (6) The application by the applicant for a stay of the decision under review is refused. (7) The application is listed for further directions at 10:30 am on 23 July 2024 by AVL. Catchwords: ADMINISTRATIVE REVIEW – interim prohibition order – whether order validly made – whether applicant provides a health service – whether administration of Ayahuasca a health service ADMINISTRATIVE REVIEW – application for stay – stay refused. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Community and Health Services Complaints Act 1993 (ACT) Health Care Complaints Act 1993 Public Health Regulation 2022 Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police Church of the New Faith v Commissioner for Pay-roll Tax (Vic) (1983) 154 CLR 120 Hanna v Commissioner for Community and Health Services Complaints [2002] ACTSC 111; (2002) 171 FLR 185 QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113 Texts Cited: Nil Category: Procedural rulings Parties: Soulore Solaris (Applicant) Health Care Complaints Commission (Respondent) Representation: Applicant (Self-represented) N Case (Respondent) File Number(s): 2023/00459831 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the respondent on a confidential basis, to the evidence given in private before the Tribunal and to the record of that part of the proceedings conducted in private pursuant to s 49. That material is not to be released to either the applicant, his representatives or to the public. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: NA Date of Decision: 03 August 2023 Before: T Simon, Principal Member File Number(s): 2023/00149775