Shah v Health Care Complaints Commission [2014] NSWCATOD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shah v Health Care Complaints Commission [2014] NSWCATOD 94 Hearing dates: 7 and 8 July 2014 Decision date: 21 August 2014 Jurisdiction: Occupational Division Before: R C Titterton (Principal Member) R O'Donnell (Professional Member) M Constable (Professional Member) M Barnett (Lay Member) Decision: The Tribunal dismissed an application made by the applicant pursuant to s163B of the Health Practitioner Regulation National Law (NSW) No 86a (National Law) to be reinstated to the Register of Nurses. Catchwords: Application for reinstatement to register - onus of proof - tests to be applied Legislation Cited: Health Practitioner Regulation National Law (NSW) 2009 Section 3, s3A, s139A, s139B, s163A, s163B, s163C, Schedule 5D Cl.7. Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Re Lenehan (1948) 77 CLR 403Zaidi v HCCC [1998] NSWSC 335 Dawson v Law Society of NSW [1989] NSWCA 58 Re Mansoor Haider Zaidi [2006] NSWMT 6 In Re Jason Martin [2010] NSWMT 13 Litchfield v Medical Council of New South Wales [2012] NSWMT 8 Shah v HCCC [2013] NSWNMT 1 Scully v HCCC [2013] NSWNMT 7 Smith v Nursing and Midwifery Board of Australia (No. 2) [2013] NSWNMT 14 Category: Principal judgment Parties: Bhavesh Shah (Applicant) Health Care Complaints Commission (Respondent) Representation: P Griffin (Respondent) NSW Nurses and Midwives Association (Applicant) Health Care Complaints Commission (Respondent) File Number(s): 1420124 Publication restriction: Under Schedule 5D Cl.7 of the National Law publication of the name of Patient A and his wife is prohibited.