Health Care Complaints Commission v Milanovic [2024] NSWCATOD 188

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Milanovic [2024] NSWCATOD 188 Hearing dates: 1 – 2 October 2024 Date of orders: 29 November 2024 Decision date: 29 November 2024 Jurisdiction: Occupational Division Before: The Hon T Sheahan ADCJ, Principal Member Dr J Fogarty, Senior Member Dr S Cowap, Senior Member J Houen, General Member Decision: (1) Pursuant to Clause 7 of Schedule 5D of the Health Practitioner Regulation National Law (NSW) ("the National Law"), the names and addresses of all patients nominated in the Complaints are directed not to be disclosed; (2) The Respondent's application dated 24 September 2024 seeking an order terminating these proceedings, pursuant to Clause 12 of the aforesaid schedule to the National Law, is dismissed; (3) Pursuant to s 149C(4)(a) of the National Law, if Dr Milanovic were still registered the Tribunal would have cancelled her registration under s 149C(1)(c) of the National Law; (4) Pursuant to s 149C(4)(b) of the National Law, Dr Milanovic is disqualified from being registered for a period of one year; (5) Pursuant to s 149C(4)(c) of the National Law, the National Board record the fact that the Tribunal would have cancelled Dr Milanovic's registration in the National Register kept by the Board; (6) Pursuant to s 149C(7) of the National Law, an application for review of the cancellation and disqualification orders may not be made until one year from the date of these orders; (7) The costs of these proceedings are reserved and the parties are directed to make submissions to the Registrar, within 28 days of the publication of these reasons, with a view to the question of costs being determined by the Tribunal, on the papers, if not agreed between the parties. Catchwords: HEALTH – professional regulation and discipline – medical practitioner – criminal conviction – defrauding of Medicare – registration surrendered – unsatisfactory professional conduct – futility of proceedings – costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Criminal Code Act 1995 Health Care Complaints Commission Act 1993 Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Drakopoulos [2021] NSWCATOD 72 Health Care Complaints Commission v Duggan [2015] NSWCATOD 142 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Reyes [2023] NSWCATOD 57 Health Care Complaints Commission v Ruming [2024] NSWCATOD 77 Health Care Complaints Commission v Ullah [2023] NSWCATOD 139 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ivana Milanovic (Respondent) Representation: Counsel: K Sharma (Applicant) A Britt (Respondent)