Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Hearing dates: 4 and 5 March 2014 Decision date: 08 April 2014 Jurisdiction: Occupational Division Before: Wright J, President Dr R Gordon, Professional Member Dr K Ilbery, Professional Member J Houen, General Member Decision: 1.The respondent, Dr Albina Della Bruna, be and hereby is reprimanded. 2.The conditions set out below in the schedule headed "Health Care Complaints Commission v Dr Albina Della Bruna - Conditions" (the Conditions) be imposed on the respondent's registration 3.The Conditions may be altered, varied or removed at the discretion of the Medical Council of New South Wales and the Medical Council is the appropriate review body for the purposes of Division 8 of the Health Practitioner Regulation National Law (NSW). 4.Sections 125 to 127 of the Health Practitioner Regulation National Law are to apply whilst the respondent's principal place of practice is anywhere in Australia other than in New South Wales, so that a review of the Conditions can be conducted by the Medical Board of Australia. 5.The respondent pay the complainant's costs. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Director General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523 Ex Parte Lenehan HYPERLINK "http://www.austlii.edu.au/au/cases/cth/HCA/1948/45.html" \o "View Case" [1948] HCA 45 Health Care Complaints Commission v Gorondy-Novak [2011] NSWMT 3 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v King [2013] NSWMT 9 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Lee v Health Care Complaints Commission [2012] NSWCA 80 Ohn v Walton (1995) 36 NSWLR 77 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Albina Della Bruna (Respondent) Representation: Counsel: W Hunt (Complainant) M Lynch (Respondent) Solicitors: Health Care Complaints Commission (Complainant) Avant Law Pty Limited (Respondent) File Number(s): 1420060 Publication restriction: Orders under cl 7 of Schedule 5D to the Health Practitioner Regulation National Law (NSW): 1. The names of the patients of the Dr Della Bruna not be disclosed in the proceedings and that the anonymisation initials specified in the schedules [to the Further Amended Complaint] should be used.