Greyling v Nursing and Midwifery Board of Australia [2014] NSWCATOD 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Greyling v Nursing and Midwifery Board of Australia [2014] NSWCATOD 52 Hearing dates: 2 May 2014 Decision date: 09 May 2014 Before: Acting Judge Boland AM (List Manager, Health Practitioner Division List) Decision: 1. Application for adjournment of an appeal under s 175 of the Health Practitioner Regulation National Law No 86a (NSW) pending outcome of proceedings in the Federal Circuit Court granted. 2. The matter is relisted for directions on 21st November 2014 at 9.30 but may be relisted earlier should the Federal Circuit Court proceedings be resolved. Catchwords: APPLICATION FOR STAY- Proceedings by same applicant in Tribunal and Federal Circuit Court - Whether appropriate to adjourn appeal proceedings - where allegations of discrimination under federal legislation by National Board in refusing registration asserted by applicant. Whether only Tribunal could determine registration issue - whether Federal Circuit Court proceedings only jurisdiction available to determine discrimination issue Legislation Cited: Australian Human Rights Commission Act 1986 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Disability Discrimination Act 1992 (Cth) Health Practitioner Regulation National Law No 86a (NSW) Sex Discrimination Act 1984 (Cth) Cases Cited: Batistatos v Roads and Traffic Authority of NSW [2006] HCA 227; (2006) 227 ALR 425 L & W Developments Pty Ltd v Della [2003] NSWCA140 McMahon v NSWNMT [2013] 4 Category: Interlocutory applications Parties: Kerry Greyling (Applicant) Nursing and Midwifery Board of Australia (Respondent) Representation: Ms K Edwards for Applicant Mr Burns for Respondent NSW Nurses and Midwives' Association (Applicant) Clayton Utz (Respondent) File Number(s): 1420023 Publication restriction: Non publication order made in respect of appellant/applicant's son.