Health Care Complaints Commission v Rayamajhi [2024] NSWCATOD 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Rayamajhi [2024] NSWCATOD 107 Hearing dates: 5 July 2024 Date of orders: 11 July 2024 Decision date: 11 July 2024 Jurisdiction: Occupational Division Before: Seiden SC DCJ, Deputy President Decision: (1) Pursuant to r 15(3) of the Civil and Administrative Tribunal Rules 2014, the service of the application for disciplinary findings and orders is to be effected by sending it by pre-paid post to or leaving it at the respondent's residential address, in addition to emailing it to the respondent's email address as identified in paragraph 4(2) in these reasons for decision. (2) For the duration of these proceedings or until other order, all documents that may or must be served in connection with these proceedings are to be served in accordance with Order 1. (3) The directions hearing listed for 2 August 2024 is vacated. The matter is listed for directions hearing on 19 July 2024. (4) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), publication of the residential address and email address of the respondent is prohibited. Catchwords: OCCUPATIONS — Nurses — Misconduct and discipline — where application for disciplinary findings and orders cannot be personally served on practitioner in disciplinary proceedings — where order for substituted service sought — whether personal service required — where applicant seeks an order that the application be taken to have been served Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Electronic Transactions Act 2000 Health Care Complaints Act NSW (1993) Health Practitioner Regulation National Law (NSW) 2009 Cases Cited: Alstom Limited v Sirakas [2010] NSWSC 669 Electrolux Home Products Pty Ltd v Delap Impex Ltd [2013] FCA 600 Health Care Complaints Commission v Elliott [2016] NSWCATOD 83 Health Care Complaints Commissioner v Ghosh [2020] NSWCATOD 7 Health Care Complaints Commission v Singh [2016] NSWCATOD 85 Texts Cited: Nil Category: Procedural rulings Parties: Health Care Complaints Commission (Applicant) Lyndal Rayamajhi (Respondent) Representation: Health Care Complaints Commission (Applicant) Respondent (No Appearance) File Number(s): 2024/00195835 Publication restriction: Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), publication of the residential address and email address of the respondent is prohibited.