Crook v Health Care Complaints Commission [2014] NSWCATOD 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Crook v Health Care Complaints Commission [2014] NSWCATOD 50 Hearing dates: 21 March 2014 Decision date: 07 May 2014 Jurisdiction: Occupational Division Before: Boland AM ADCJ Decision: The parties are requested to make a copy of the reasons for decision available to the Australian Health Practitioners Regulation Agency (AHPRA) and the Nursing and Midwifery Council of NSW (the Council). AHPRA and the Council are requested to file written submission or to relist before the Tribunal within 30 days of the date of these orders. In the event no submissions and/ or application for relisting is received the Council is nominated as the appropriate review body to review conditions placed on the practitioner's registration by a Professional Standards Committee. No orders as to costs Catchwords: APPLICATION to determine appropriate review body. Whether "spent" condition requires a review hearing. Where inconsistency in language in the statute. HELD opportunity afforded to AHPRA and Council to make submissions or relist, failing which Council is nominated as appropriate review body. Legislation Cited: Health Practitioner Regulation National Law Cases Cited: HCCC v Percevel [2014] NSWCATOD39 HCCC v Arkita McAuley [2013]NSWNMT 13 HCCC v Rachel Coe [20111] NSWNMT 11 Category: Principal judgment Parties: Janelle Crook (Applicant) Representation: New South Wales Nurses and Midwives' Association (Applicant) Health Care Complaints Commission (Respondent) File Number(s): 14 20085

reasons for decision