Holbrook v Health Care Complaints Commission [2014] NSWCATOD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Holbrook v Health Care Complaints Commission [2014] NSWCATOD 86 Hearing dates: 12, 13 and 14 May 2014 Decision date: 30 July 2014 Jurisdiction: Occupational Division Before: D Robinson (Principal member) B Sheridan (Psychologist member) P Champion (Psychologist member) B Higgins (Lay member) Decision: The Tribunal dismissed Mr Holbrook's application for review under section 163C of the Health Practitioner Regulation National Law No 86a and declined to make a reinstatement order. Catchwords: Registration previously cancelled; boundary violations; not of good character; impairment; criminal conviction; application to be re-registered; onus of proof; failure to discharge onus. Legislation Cited: Health Practitioner Regulation National Law (NSW) No. 86a Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Re Mansour Haider Zaidi [2006] NSWMT 6 HCCC v Holbrook [2010] NSWPST 5 Category: Principal judgment Parties: Graham Holbrook (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel A Britt (Respondent) G Holbrook (Applicant in person) R Lewis (Respondent) File Number(s): 1420017

Reasons for Decision

What the Tribunal Decided 1The Tribunal dismissed Mr Holbrook's application for review of the order, made on 13 July 2010 by the Psychology Tribunal of New South Wales, to cancel his registration as a psychologist. 2Having considered Mr Holbrook's application under section 163C of the Health Practitioner Regulation National Law No 86a (the National Law), the Tribunal considered the order under review remains appropriate.