Solaris v Health Care Complaints Commission [2024] NSWCATOD 204

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Solaris v Health Care Complaints Commission [2024] NSWCATOD 204 Hearing dates: 11 December 2024 Date of orders: 18 December 2024 Decision date: 18 December 2024 Jurisdiction: Occupational Division Before: Balla ADCJ, Principal Member Decision: (1) The Respondent's decision of 3 December 2024 is affirmed under s 63(3)(a) of the Administrative Decisions Review Act 1997. (2) The Application is dismissed. (3) Subject to order (6), below, pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW) 2013, until further order of the Tribunal, the publication of, or publication of or matters contained in: (a) the Confidential and Privileged Documents filed on 4 September 2024 and Amended Confidential and Privileged Documents filed on 9 December 2024, and (b) Tab 41 of the Section 58 Bundle filed on 4 September 2024 (the Confidential Documents) is prohibited. (4) Subject to order (6), below, pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW), until further order of the Tribunal, the disclosure of the Confidential Documents or matters contained in the Confidential Documents is restricted to the respondent, the respondent's legal representatives and the Tribunal. (5) Subject to order (6), below, pursuant to ss 64(1)(b) and 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), until further order of the Tribunal, the publication or reporting of the hearing of this application insofar as it relates to the Confidential Documents including any evidence given in the hearing, is prohibited. (6) Orders 1, 2 and 3 do not apply to Tab 5 of the Confidential Documents. (7) The Tribunal varies Orders 2, 3 and 4 made on 11 July 2024 so that they do not apply to Tab 5 of the Confidential and Privileged Documents filed on 14 March 2024. (8) The Tribunal notes: (a) Section 76 of the Coroner's Act 2009 (NSW) provides: A person must not publish any of the following matters without the express permission of the coroner in the coronial proceedings concerned: (i) any question asked of a witness that the coroner has forbidden or disallowed, (ii) any warning that a coroner has given to a witness that he or she is not compelled to answer a question, (iii) any objection made by a witness to giving evidence on the ground that the evidence may tend to prove that the witness has committed an offence, (iv) any submissions made by or on behalf of a person appearing or being represented in the proceedings or by a person assisting the coroner, or any comment made by the coroner, concerning whether an inquest or inquiry should be suspended under section 78. Maximum penalty--10 penalty units or imprisonment for 6 months (in the case of an individual) or 50 penalty units (in any other case). (b) "Publication" is defined in s 73 of the Coroners Act 2009 (NSW) For the purposes of this Part, matter is published only if it is- (i) inserted in any newspaper or any other periodical publication, or (ii) publicly exhibited, or (iii) broadcast by radio or by television, or (iv) published by means of the Internet. (c) The Tribunal further notes that these provisions apply to the transcripts contained in the s 58 documents filed in this application from time to time. Catchwords: ADMINISTRATIVE REVIEW – interim prohibition order – whether order validly made Legislation Cited: Health Care Complaints Act 1993 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Youssef v NSW Legal Services Commissioner [2020] NSWCATOD 85 Donaghy v The Council of the Law Society of New South Wales [2013] NSWCA 154 Solaris v Health Care Complaints Commission [2024] NSWCATOD 97 Hanna v Commissioner for Community and Health Services Complaints (2002) 171 FLR 185 Category: Principal judgment Parties: Soulore Solaris (Applicant) Health Care Complaints Commission (Respondent) Representation: Applicant (Self-represented)