Health Care Complaints Commission v Harley [2014] NSWCATOD 110

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Harley [2014] NSWCATOD 110 Hearing dates: 3 October 2014 Decision date: 08 October 2014 Jurisdiction: Occupational Division Before: M Brennan, Principal Member Decision: 1. Leave granted to the Health Care Complaints Commission to make an oral application to withdraw the complaint and application for disciplinary findings and orders filed 11 April 2014. 2. The Tribunal consents to the complaint in respect of Ms Pauline Harley referred to the Tribunal by the Health Care Complaints Commission on 14 April 2014 being withdrawn under cl12 of Sch 5D of the Health Practitioner Regulation National Law. 3. The application for disciplinary orders filed by the Health Care Complaints Commission on 11 April 2014 is dismissed under s55 of the Civil and Administrative Tribunal Act 2013 NSW. 4. The hearing dates fixed for 13, 14 and 15 October 2014 are vacated. 5. No order as to costs. Catchwords: ADMINISTRATIVE LAW -Civil and Administrative Tribunal. Professional disciplinary proceedings against a nurse. Where nurse has surrendered registration and undertaken not to reapply - Whether or not in the interests of the public for complaint to be heard. Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: HCCC v Harley [2008] NSWNMT 16 HCCC v Khan [2014] NSWCATOD 79 HCCC v Campbell [2014] NSWCATOD 107 HCCC v O'Hagan [2010] NSWNMT 37 HCCC v Yule [2010] NSWNMT 22 HCCC v Gillies [2010] NSWMT 7 Health Care Complaints Commission v Do [2014] NSWCA 307 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Pauline Harley (Respondent) Representation: Health Care Complaints Commission NSW Nurses and Midwives' Association File Number(s): 1420167